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A defendant shall be punished by imprisonment for one year.
except that 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
The defendant is a person who is engaged in the business of driving Cone Star Cargo Vehicles.
On July 19, 2016, the Defendant driven the above vehicle while under the influence of alcohol of 0.240% with blood alcohol concentration of 0.240%, and led to the four-lane road in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu along three-lanes from the place of drinking to the hill station.
At the same time, there was a railing that separates the roadway from the delivery, so the person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by properly operating steering the steering gear and brakes so that it does not deviate from the roadway.
Nevertheless, under the influence of alcohol, the Defendant was at the right side of the above-mentioned vehicle due to negligence proceeding to India while neglecting this.
Ultimately, the Defendant, by occupational negligence, destroyed the 600,000 won of the repair cost, and did not immediately stop and take necessary measures, such as handling fugitives, and escaped.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report (1) (2) and on-site photographs;
1. A written report from an employee of an employer;
1. Control note;
1. Application of the relevant Acts and subordinate statutes to a written estimate or investigation report (investigation, etc. into suspicion of non-measures after an accident);
1. Relevant provisions of Article 148, 54 (1), 148-2 (2) 1, and 44 (1) of the Road Traffic Act concerning the facts constituting the crime (or, respectively, choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Consideration such as the fact that the reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is not much serious and the defendant fully pays the repair cost of a rail;