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A defendant shall be punished by imprisonment for one year.
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 March 8, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.
【Criminal Facts】
1. Around 23:45 on August 21, 2020, the Defendant driven an Esch Rexton car from the front of a restaurant located in the Jeonnam-gun B to the front of the Dnife road while under the influence of alcohol with a blood alcohol concentration of 0.156%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving of the Esch Rexton car.
On August 21, 2020, at around 23:44, the Defendant, while under the influence of alcohol as described in the above paragraph (1), driven a Boschton car as described in the above paragraph (1) and made a turn to the left of the right at the head of the Sungsung-gun Police Station at the front of G in the Yongsung-gun F.
At the time, vehicles are parked on the right side of the road, so there was a duty of care to prevent accidents in advance by safely driving the vehicle by driving the vehicle, such as making the front door and left door well, operating the steering system, and operating the steering system accurately.
Nevertheless, while under the influence of alcohol as above, the Defendant, while neglecting this, went away without taking any measure so that the Defendant, by negligence, destroyed the hurbed car in front of the right part of the hurged car owned by the victim H, which was parked on the right side of the road, and thereby, destroyed the above hurged car to be repaired on the right side of the hurged vehicle.
Summary of Evidence
1. A statement in the preparation of the defendant's legal statement H;
1. Statement on the actual condition of the driver;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant Article of the Act and Article 148-2 of the Road Traffic Act concerning the crime and the choice of punishment;