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A defendant shall be punished by imprisonment for one year.
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
[criminal history] On September 11, 2006, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court, and on April 8, 2015, the same court received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving).
[Criminal facts]
1. Around 19:55 on December 5, 2020, the Defendant driven a Fpoter II cargo vehicle with alcohol content of 0.243% in a section of 800 meters away from the C periodical located in Gwangju Southern-gu, Gwangju-gu, to E located in Gwangju-gu, with alcohol content of 0.243%.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
2. The Defendant is a person who is engaged in driving a Fpoter II cargo vehicle.
The defendant was driving the above cargo vehicle at the time of the above day, and the defendant was proceeding from H room to E in accordance with the first lane of the four lanes in front of the Seo-gu G building in Gwangju Metropolitan City.
In this case, there was a duty of care for those engaged in driving of cargo vehicles to view the right and the right and the right and the right, and to operate safely by accurately operating the steering and the system.
Nevertheless, the Defendant, while under the influence of alcohol, failed to neglect the duty of the front direction, and failed to properly operate the steering direction and brakes, the Defendant received the center center on the left-hand side of the running direction as the front-hand part of the said cargo vehicle, and escaped without immediately stopping the vehicle and without taking necessary measures, so that the sum of repair costs would be equivalent to KRW 3,00,000.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on traffic accident (1) (2) Statement on the circumstances of the driver in charge;
1. Written estimate;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Relevant Article 148-2(1) and Article 44(1) of the Road Traffic Act concerning facts constituting an offense; Articles 148-2(1) and 148 and 54(1) of the Road Traffic Act (the point of drinking);