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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On December 7, 2015, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 7 million for the same crime at the same court on June 19, 2017, respectively.
【Criminal Facts】
1. Violation of the Road Traffic Act (AFS) The Defendant is a person engaged in driving a B rocketing motor vehicle.
On April 4, 2020, the Defendant, while under the influence of alcohol around 00:18, had the front road of the Geumho-dong, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu along a three-lane radius from the boundary of the Geumcheon-gu reservoir.
In such cases, the driver of a motor vehicle has a duty of care to live the front door well and drive the steering and steering system accurately and safely.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and caused a shock of the center separation zone installed on the above road by negligence, in front of the vehicle driving by the Defendant.
Ultimately, the Defendant, by occupational negligence, destroyed the property equivalent to approximately KRW 2,865,951 of the repair cost to the Central Separation Zone as above, and escaped without immediately stopping and taking necessary measures.
2. On the same date as paragraph (1) of this Article, the Defendant was driving a rocketing car with the blood alcohol concentration of about 0.190% in the section of about 10km from the roads in Yangsan-dong, Gwangju to the parking lot for Seo-gu, Seo-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. The fact-finding report on the actual traffic accident and the circumstantial statement of the driver;
1. Reporting on investigation (to hear statements by the police);
1. Written estimate;
1. Previous convictions in judgment: Application of investigation reports (Attachment of the same criminal records and summary order)-related Acts and subordinate statutes;
1. Relevant Articles of the Act and Articles 148 and 54 (1) of the Road Traffic Act, the choice of punishment for the crime, and the adoption of punishment;