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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
[criminal power] On December 16, 2015, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seocho District Court’s Seocho Branch on December 16, 2015, and a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the above court on April 20, 2016.
【Criminal Facts】
1. On September 4, 2018, the Defendant driven a ewing-III truck under the influence of alcohol concentration of approximately 0.091% in the section of about 10km from September 4, 2018 to September 4, 2018, at around 01:20, the Defendant driven a ewing-III truck under the influence of alcohol concentration of about 0.091% in the front of the “Dcafeteria” located in Young-si, Seocho-si.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
2. On September 4, 2018, the Defendant, at around 01:20, driven the above wing and/or three cargo vehicles under the influence of alcohol, as described in paragraph (1) of the Road Traffic Act, led the Defendant to drive the said wing and/or three cargo vehicles in front of the cafeteria at the early stage of the Sucho-si along the Han Tri Condo from the F.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering system, etc.
Nevertheless, the Defendant, while neglecting the influence of alcohol, was negligent in proceeding as it was, and the part on the left-hand part of the Defendant’s driving of the Hwing wing B, which was owned by the Victim G, was carried out as the part on the front-hand part of the Defendant’s driving.
Ultimately, even if the Defendant destroyed and damaged the above wing wing truck due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures in the event of the accident.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Reports on the occurrence of a traffic accident, photographs related to the traffic accident, notification of the results of the regulation of drinking driving, report on the circumstance of a drinking driver, investigation report (report on the circumstances of a drinking driver), and investigation report (applicable to a suspect drinking alcohol).