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A defendant shall be punished by imprisonment for not less than eight 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 August 30, 2013, the Defendant received a summary order of KRW 2,50,000,000 from the Changwon District Court for a violation of the Road Traffic Act (driving) as well as a summary order of KRW 2,50,000 by the same court on February 20, 2019.
【Criminal Facts】
The Defendant is a person who is engaged in driving a motor bicycle B NY125B (the engine displacement: 124C).
On May 5, 2019, the Defendant driven the above motorcycle while under the influence of alcohol of 0.089% without a motorcycle driver's license on May 18, 2019, and continued 443 roads from the Gohap-gun, Gohap-gun, Gohap-gun to the C village bank.
There are three vehicles parking at the edge of the opposite vehicle. In such a case, the Defendant, who is engaged in driving a motor bicycle, has a duty of care to safely drive the motor vehicle, such as reducing speed according to road conditions and operating the brakes accurately.
Nevertheless, the Defendant neglected to do so and neglected to stop the vehicle and caused the damage to the repair cost of approximately KRW 509,210,00 for the E-learning Motor Vehicle owned by the victim D, which was stopped in the opposite line with the front of the said motorcycle.
Accordingly, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice as above, driven the above motorcycle without a motorcycle driver's license under the influence of alcohol, and damaged the victim's property due to negligence in the course of duty.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A traffic accident report;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Statement of automobile inspection and maintenance;