Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On July 4, 2019, the Defendant was issued a summary order of a fine not exceeding one million won for a crime of violating the Road Traffic Act at the Busan District Court.
On June 30, 2020, the Defendant driven the E 125cc CRID Orala while under the influence of alcohol leveling 0.061% of alcohol level around 300 meters in the road near D apartment units on the roads near Busan B, Busan, around 23:29.
2. The Defendant violated the Road Traffic Act, at the time, at the place specified in paragraph 1, operated the said off-to-land and proceeded along the three-lane road near the said D apartment, along one-lane from C to the mountain tunnel, while making the left turn to D apartment, by his occupational negligence, caused the victim’s flag who left left pursuant to the new subparagraph to turn to the left at the front of the Defendant, thereby damaging the said car by obtaining approximately KRW 2,061,959 with the front wheels of the said flag with the repair cost, while driving the said car at the front of the said flab.
3. A person who violates the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated the motor vehicle, at the date and time and place specified in paragraph (1), without mandatory insurance.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident statement of the F;
1. The actual investigation report on traffic accidents;
1. Investigative report, and inquiry into the results of crackdown on drinking driving;
1. Inquiry into the mandatory insurance of vehicles under an accident scene, shock photographs of both vehicles, and written estimates;
1. Previous convictions: Application of Acts and subordinate statutes after inquiry;
1. Relevant legal provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 151 of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Article 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance, the choice of imprisonment with prison labor);
1. The aggravated Criminal Act for concurrent crimes.