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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On August 10, 2016, the Defendant was issued a summary order of a fine of five million won for a crime of violating the Road Traffic Act at the Incheon District Court, and on November 9, 2016, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act by the same court on November 9, 2016.
[Criminal facts] The Defendant is a person who is engaged in driving a DM5 vehicle.
1. On October 5, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol concentration of 0.098% in blood around October 5, 2017, and driven the road of five-lanes in front of the building in Namdong-gu Incheon Metropolitan City along the direction of the Do road along the five-lane road from the direction of the Do road to the apartment with the ecopt.
At the time, there is a duty of care to prevent accidents in advance by operating a motor vehicle in accordance with the designated lane for a person engaged in the business of driving the motor vehicle, since it is night, and it is a private-distance intersection in which signal lights are installed, and by operating the brake and steering gear in a timely manner.
Nevertheless, in order to change a three-lane while driving a motor vehicle under the influence of alcohol as above, the Defendant was negligent in the course of the business, and the part of the front part of the victim F (34 tax) driving G in the middle of the end of the end of the end of the car, which was going straight along the three-lane from the back of the end of the end of the car.
As a result, the Defendant suffered injury to the victim by occupational negligence during the two-day period of medical treatment.
2. On October 5, 2017, the Defendant violated the Road Traffic Act (drinking and non-licensed driving) driven the said SM5 car from around 400 meters from the south-dong, Incheon, Nam-gu, 123-ro, 123-ro, Seodong-gu, Incheon, with alcohol content of 0.098% while under the influence of around 03:39 on October 5, 2017 without obtaining a driver’s license.