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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On September 19, 2008, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 500,000 for a crime of violating the Road Traffic Act (driving) at the Jeju District Court. On July 28, 2015, the Defendant was sentenced to a summary order of KRW 4 million for the same crime in the same court. ② On November 7, 2018, the same court was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (driving without a license).
【Criminal Facts】
1. On June 30, 2020, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) by driving the Cwing-III truck from the road located in the upstream-dong at the Seopopoposi in the speed of about 0.04% in the blood while under the influence of alcohol at around 14:05, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
2. On June 30, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a 0.044% motor vehicle with no driver’s license on June 14, 2020, while under the influence of the 0.04%, the Defendant was driving the Cwing-III cargo vehicle on the roads near Seopo-si B, Seopopo-si, and led directly from D elementary school to peace.
At the time, other vehicles are waiting and stopped in the front door, so in such a case, there was a duty of care to safely drive the vehicle and prevent the accident by taking into account the traffic situation at the front and rear right.
Nevertheless, the Defendant, while under the influence of alcohol, has neglected to do so and has stopped on the front bank due to negligence in the course of duty.
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