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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On December 11, 2006, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (Refusal of measurement) in the Suwon District Court’s Ansan Branch on September 5, 2008, a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the same court on September 5, 2008, and a summary order of KRW 4 million for the same crime in the same court on August 1, 2012, and on January 12, 2017, the Defendant was sentenced to a suspended sentence of KRW 4 million for the same crime in the same court on June.
【Criminal Facts】
The Defendant is a person who is engaged in driving a BF rocketing car.
1. Around 00:05 on January 15, 2020, the Defendant driven the said vehicle under the influence of alcohol by 0.108% without obtaining a driver’s license on a section of approximately 200 meters from the front of the light C Apartment to the front of the Egym distance in the same city D at the same time.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act at least twice, and driven without a driver's license.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) led the Defendant to drive the said vehicle under the influence of alcohol at the intersection of the Egscopic distance D at the time of the temporary warning set forth in paragraph 1, and to drive the said vehicle directly from the boundary of the new village to the boundary of the mountain tunnel.
At the time, there was an intersection where signal apparatus was installed at night and at the front, so there was a duty of care to prevent accidents by properly manipulating the steering system and the brake system with the driver.
Nevertheless, the defendant is driving a G rocketing car driven by the victim F(59 years of age) who stops for signal waiting in the front room due to negligence of failing to keep the front time due to influence of drinking, and the defendant is driving the back part of the passenger car in the front.