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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On December 17, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the resident support of the Daegu District Court.
[Criminal facts]
1. On October 3, 2020, the Defendant was under the influence of alcohol level of about 0.113% from the 25-meter section of the blood alcohol level to around 600 meters from the “C cafeteria” road located in B at the time of stay at around 22:40 on October 3, 2020.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.
2. The Defendant is a person engaging in driving service of DCos or automobiles.
At the time of the day specified in paragraph 1, the Defendant driven the said car while under the influence of 0.113% alcohol level among blood transfusion, and led the Defendant to drive the said car in accordance with two-lanes of “Dog IC” at a point where approximately 600 meters away from the Gu-si Do-si Do-si Do-si Do-si Do-si.
At the time, at night, street lamps were not installed around and in the vicinity, and therefore, in such a case, there was a duty of care to look at the front door well and accurately manipulate the steering and steering devices to prevent accidents, thereby preventing accidents.
Nevertheless, the defendant's negligence of driving the above road only under the influence of alcohol and continued to take the right-hand side of the above vehicle of the defendant's front right-hand side of the above vehicle, thereby receiving the center separation unit of the above road from the defendant's front left-hand side of the above vehicle.
A person who is the victim shall damage the property and remove the non-products of the road even after he/she damages the property of KRW 3,614,754 due to the foregoing negligence in the course of performing his/her duties.