A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] On June 21, 2007, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court, etc. On August 13, 2010, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of road traffic law (driving). On April 26, 2018, the Defendant was sentenced to a suspended sentence of two years due to a violation of road traffic law (driving), and the said judgment became final and conclusive on May 4, 2018.

[Criminal facts]

1. On October 24, 2017, around 08:00, the Defendant used a victim’s automobile temporarily without the victim’s consent by driving Dpoter II at the construction site of the Taean comprehensive sports site located in 217, Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, by driving the Dpoter II at the construction site of the 32km road located in the same Eup/Myeon 23, located in the same Eup/Myeon.

2. The defendant is a person who is engaged in driving of D-bow trucks as stated in the above paragraph (1) and has a record of driving under drinking two or more times as above.

On October 24, 2017, the Defendant driven the said truck under the influence of alcohol level of 0.117% among blood transfusions on October 24, 2017, and led to a two-lane road in front of the East Western-gun, Thai-gun, Thai-gun, Thai-gun, Taenam-gun, to proceed along the two-lane road from the Seosan-gun to the smallest north side.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the defendant neglected the center line while under the influence of alcohol and got into the opposite lane and went in the opposite direction, and the victim E(23) who was normally proceeding in the opposite lane of the defendant living in the opposite direction.