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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal record] On June 30, 2006, the Defendant was issued a summary order of 500,000 won for a crime of violating road traffic law at the Dong District Court of Seoul, and on December 7, 2010, the Defendant was issued a summary order of 3 million won for the same crime as the same crime, and on April 18, 2013, the Defendant was issued a summary order of 6 million won for the same crime in the Suwon District Court of Gwangju District, and the Defendant was punished three times for the same crime after receiving the summary order of 6 million won for the same crime.
[Criminal facts]
1. Around 03:50 on August 2, 2018, the Defendant driven a D U-A6 vehicle under the influence of alcohol concentration of about 40 meters in the section of approximately 0 meters up to the same Gu C parking lot on the front side of the members of Ansan-si, Gyeonggi-si, Gyeonggi-si., the Defendant driven D U-A6 vehicle under the influence of alcohol concentration of about 0.214%.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.
2. The Defendant is a person who is engaged in driving a DNA A6 car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
At the same time as paragraph 1, the Defendant was driving a car with the above AD in order to park in a drunken state, such as paragraph 1, at the C parking lot.
At the same time, other automobiles were parked in the parking zone, and thus, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle while preventing an unforeseen accident by accurately operating the steering side and the steering gear.
Nevertheless, the Defendant’s negligence of driving the said Awdi vehicle under the influence of alcohol level 0.214% in a state where normal driving is difficult due to the influence of alcohol level 0.214% in the blood, and the Defendant’s son’s left-hand side of the victim E (n.e., 35 years old) who stops on the left-hand side of the said Awdi vehicle by shocking the lower part of the FK5 vehicle’s driving to the Defendant’s front-hand part.