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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving a motor vehicle with a hurburged vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
On January 14, 2018, the Defendant driven the said car under the influence of alcohol level of 0.094% from blood alcohol level around 19:05, while driving it, and proceeded at a non-speed speed from the shooting distance range of the mountain park where two lanes are located in the former North Jeju-gun D. The Defendant driven the said car under the influence of alcohol level of 0.094% from the blood level of the blood level of 19:05 to the private distance of the Cheongch elementary school in the front north-gun-gun.
Since there is a signal apparatus installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and not drive the motor vehicle in accordance with the signals.
Nevertheless, Defendant 1 did not discover G-cab in operation of the Victim F (52 Do) drive on the front side of the two-lanes under the influence of alcohol due to the negligence in which he was unable to properly see the front side while under the influence of alcohol, and did not discover the part of G-cab in front of the said A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W.
2. On September 7, 2012, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Jeonju District Court on September 7, 2012, and was issued a fine of KRW 4 million by the same court on March 9, 2015.
Although the Defendant had been driving force twice as above, the Defendant was under the influence of alcohol content of about 0.094% in the section of approximately 1km from the Do in front of L cafeteria, North west-gun, North Korea, to E in front of the former west-gun, the Defendant was under the influence of alcohol at about 1km.