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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On April 26, 2017, the Defendant received a summary order of KRW 3 million from the Ulsan District Court on the grounds of the violation of the Road Traffic Act, etc. On October 24, 2019, the Defendant was sentenced to imprisonment with prison labor for 8 months and suspended execution for the violation of the Military Service Act at the Daegu District Court on October 24, 2019, and the said judgment became final and conclusive on November 1, 2019.
1. From around 16:30 on October 6, 2019, the Defendant driven DW125 oba while under the influence of alcohol without a driver’s license, DW125 oba, while under the influence of alcohol of about 0.057% of alcohol concentration from the B apartment parking lot in Gyeyang-si to the C Apartment-si road.
In this respect, the Defendant violated the Article 44 (1) of the Road Traffic Act more than twice, and at the same time driving a motorcycle without a driver's license.
2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving DWW125 Oba.
On October 6, 2019, the Defendant, without a motorcycle driver's license, driven the above Orala while under the influence of 0.057% of blood alcohol concentration 0.057%, led the front of the C apartment in Yangsan City to the F apartment from the side of the water gold business office of the E Bank, by driving the said Orala, and driving the said Orala, along the two-lanes.
Since there is a crosswalk in which signal lights are installed, there was a duty of care to see the driver of the motor vehicle in front of the road, to check whether there is a pedestrian, and to safely drive the crosswalk in accordance with the new code, to prevent the accident in advance.
Nevertheless, despite the fact that the defendant neglected to stop, the defendant did not discover the victim G (Woo, 62 years old) who was standing the above crosswalk from the right side of the defendant's proceeding to the left side of the pedestrian proceeding in accordance with the pedestrian proceeding signals, and caused the victim to go beyond the front part of the defendant's driving.
In the end, it is eventually.