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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
[criminal power] On May 23, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court, and a fine of KRW 2.5 million as a fine for a violation of the Road Traffic Act in the Jeonju District Court’s Military Mountain Branch on June 10, 2014.
【Criminal Facts】
1. The defendant is one who is engaged in driving of freight cars B1 ton in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;
At around 14:50 on June 2, 2019, the Defendant, while under the influence of alcohol content 0.165%, proceeded to D from the north east of Busan, a road that does not run behind the building C in Gunsan.
In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by driving the motor vehicle safely by driving the motor vehicle in front.
Nevertheless, the defendant is unable to drive normally due to influence of drinking and continues to stop by neglecting it.
The front part of the F New-Woon-Wood Vehicle driven by the victim E(28 years old) was shocked with the front part of the F New-Wood Vehicle operated by the Defendant.
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc. in need of medical treatment for about two weeks.
2. Around 14:50 on June 2, 2019, the Defendant driven a B1 ton cargo vehicle while under the influence of alcohol with approximately 50 meters alcohol concentration 0.165% from the parking lot of the building in Gunsan City to the building in Gunsan City, after the building in Gunsan City, to the road.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. The defendant;