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A defendant shall be punished by imprisonment for a term of one year and two 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 December 27, 2018, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving on Motor Vehicle) in the Gyeyang Branch of Suwon District Court on December 27, 2018.
【Criminal Facts】
On March 12, 2020, the Defendant: (a) driven B QM6 car with a blood alcohol level of 0.110% without a driver’s license, while under the influence of 0.10% on March 12, 2020; (b) proceeded two-lane roads near the Mannam-si Si/Yan-si (Seoul Metropolitan Highway) in the direction of water source 19km; and (c) in the process of changing the two-lane, the Defendant was negligent in neglecting the duty of juncy in the influence of alcohol while neglecting the duty of jun, thereby causing a traffic accident involving the rear 31 ton of the vehicle under the influence of the Defendant’s driver’s license; and (d) caused the victim D (Seoul, 74 years old) (the driver), who is the driver of the victimized vehicle, to suffer injury, such as Dacopty, salt, etc. in need of approximately three-day medical treatment.
Accordingly, the Defendant, while under the influence of alcohol more than twice, driven a motor vehicle without a driver's license, thereby causing the injury of people.
Summary of Evidence
1. Written statements prepared by the defendant in court;
1. A traffic accident report (1) and a traffic accident report, a report on the occurrence of a traffic accident, a report on the results of the regulation of drinking driving, a report on the status of a drinking driver, a medical certificate for a driver's license (42 pages of investigation records), a field photograph, a suspect's vehicle boom, and an investigation report on data after cutting down the suspect'
1. Previous convictions in judgment: Application of criminal records, references to criminal records, investigation reports, and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (7) and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment with prison labor for a violation of the Road Traffic Act, in relation to the option of punishment;