A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[Criminal Power] On July 18, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on July 18, 2008, and was sentenced to a fine of KRW 5 million for the same crime in the Seosan Branch of the Daejeon District Court on February 8, 2019.

The time of violation of Article 44 (1) of the Road Traffic Act by the defendant is prior to the crime of this case on October 14, 2018.

【Criminal Facts】

1. 도로교통법위반(음주운전) 피고인은 2018. 11. 24. 21:04경 혈중알콜농도 0.205%의 술에 취한 상태로 서울 종로구 B 앞 도로에서부터 같은 구 C 앞 D 교차로에 이르기까지 약 2.5km 구간에서 E 짚랭글러2.8 차량을 운전하였다.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, driven a motor vehicle while under the influence of alcohol.

2. 특정범죄가중처벌등에관한법률위반(도주치상), 도로교통법위반(사고후미조치) 피고인은 E 짚랭글러2.8 차량의 운전업무에 종사하는 사람이다.

피고인은 2018. 11. 24. 21:04경 위 제1항 기재와 같이 혈중알콜농도 0.205%의 술에 취한 상태로 위 짚랭글러2.8 차량을 운전하여 서울 종로구 F에 있는 G 앞 편도 6차로 도로를 동십자교차로 방면에서 안국교차로 방면으로 3차로를 따라 진행하였다.

Since the center line of yellow solid lines is installed at the center of the road, in such a case, the defendant who is engaged in driving of a motor vehicle has a duty of care to protect the vehicle line so that it does not go beyond the center line, and to ensure the proper speed and distance between the road, and to ensure the safe operation of steering equipment and brakes by accurately operating the steering gear and the system while maintaining the proper speed and the distance between the two vehicles.

Nevertheless, the defendant neglected his duty of care in a state where normal driving is difficult under the influence of alcohol.