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Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On June 22, 2007, the Defendant was issued a summary order of a fine of two million won due to a violation of the Road Traffic Act at the Changwon District Court on the same day, and on November 1, 2010, the same court was issued a summary order of two million won for the same crime. On August 11, 2017, the Changwon District Court was sentenced to imprisonment of two years and six months for attempted murder, and three years for suspended execution, which became final and conclusive on August 19, 2017, and is currently under suspended execution.
1. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving of a vehicle BVS car.
On December 25, 2019, at around 01:00, the Defendant driven the said car with a alcohol content of 0.160%, and led to turn to the left from the e-high school bank of the Haban-gun C to the Korean power bank.
In such cases, the driver of a motor vehicle has a duty of care to properly see the front left and accurately manipulate the steering and brake system to prevent the accident in advance.
Nevertheless, the Defendant neglected this and proceeded with the central separation zone set up on the left-hand side of the Defendant’s proceeding direction by negligence while under the influence of alcohol, which led to the shocking of the central separation zone in front of the left-hand side of the said NAS car.
Ultimately, the Defendant, by occupational negligence, escaped without taking necessary measures, such as destroying the central separation zone and confirming the accident, so that approximately KRW 2.60,000 of the repair cost is equivalent to the above KRW 2.6 million.
2. The Defendant violated the Road Traffic Act (driving) driven the NAS car at the above time and at the above place under the influence of alcohol concentration of 0.160%.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of a traffic accident;
1. On-site photographs;
1. The report on traffic accidents (the actual survey report);