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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
[criminal power] On September 24, 2009, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on September 24, 2009, and a summary order of KRW 4 million for the same crime in the same court on July 18, 2014, respectively. On February 1, 2018, the Defendant was sentenced to one year for a suspended sentence of imprisonment with prison labor for the same crime.
【Criminal Facts】
1. On September 14, 2020, the Defendant driven a 1km-III truck from the road front of the Cridge located in Taean-gun, Taean-gun to the roads front of Taean-gun, Taean-gun, without obtaining a driver’s license on September 14, 202, while under the influence of alcohol at least 0.076% of the blood alcohol concentration, from around 1km-gun to the roads front of Taean-gun-gun.
Accordingly, the defendant violated the prohibition of drinking driving more than twice, and driving a motor vehicle without obtaining a driver's license.
2. The defendant is a person engaged in driving freight cars as stated in the preceding paragraph of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.
As stated in the preceding paragraph, the Defendant driven the above cargo vehicle under the influence of alcohol without obtaining a driver's license as stated in the preceding paragraph, and led to a signal atmosphere to turn to the left from the direction of the Taean Police Station in the direction of the Cridge.
In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the speed and brakes prior to proceeding in accordance with good faith, and by accurately manipulating the speed and brakes.
Nevertheless, the Defendant neglected this and failed to properly operate the speed system, thereby resulting in the Defendant’s failure to operate the speed system at the back of the back, and caused the part of the Defendant’s operation of the victim H (ma, 67 years old) in front of the instant car, which was in the front of the instant car, as the part of the Defendant’s operation.
Ultimately, the Defendant’s above occupational duties.