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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On December 8, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law in the support of the Gwangju District Court in Gwangju District Court on December 8, 2009, and a summary order of KRW 1.5 million for the same crime in the same court on October 8, 2010.
[Criminal facts]
1. The Defendant is a person engaging in driving service of B car rental cars.
On August 19, 2017, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.174% during blood transfusion around 21:45 on August 19, 2017, and led D previous road located in the Hasan-si C to the Corporation as the front of the road located in the Hasan-si.
Since the place is where the center line of yellow solid lines is installed, in such a case, there was a duty of care to prevent traffic accidents in advance by driving persons under the influence of alcohol, by keeping the vehicle line well, and by accurately manipulating the steering system, and by accurately manipulating the steering system.
Nevertheless, the Defendant neglected to do so and did not look at the 0.174% alcohol content while under the influence of alcohol during blood, and did not see the cherb and left side while going beyond the median line, and took the part of the cherb to the left side of the cherb drive of the cherb, which was going on the opposite line by the negligence going beyond the median line, into the part of the cherb, the cherb, which was driven by the Defendant’s driver, with the left side of the cherb, HK5 car owned by the victim G, and took the part to the front side of the cherb, which was parked with the Defendant’s driver’s right side, with the repair cost of KRW 79,170,00, such as exchange of the cherb, 2640,09, respectively, and did not take necessary measures.
2. Defendant 1 who violated the Road Traffic Act (drinking driving) is a crime of violating the Road Traffic Act (drinking driving) more than twice.