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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving a Class B truck.
1. On June 2, 2016, the Defendant was issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act at the Daejeon District Court.
On January 26, 2020, the Defendant, who was punished for driving a motor vehicle, etc. under the influence of alcohol, was driving the said brea truck under the influence of alcohol with approximately 0.079% alcohol concentration in approximately 150 meters from D in front of the Do located in the east-gu Seoul Metropolitan City without obtaining a driving license at around 19:10 on January 26, 2020.
2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;
Nevertheless, the Defendant operated B Poter trucks not covered by mandatory insurance at approximately 150 meters section from D in front of Dong-gu, Dong-gu, Dong-gu to F neighboring roads E around the date and time specified in paragraph (1).
3. Around the time and time specified in paragraph (1), the Defendant operated the above Poter truck and proceeded with the first-way road adjacent to the F referred to in paragraph (1) at an administrative third-distance speed from the G elementary school to the administrative third-distance distance.
Since there was an intersection, there was a duty of care to prevent accidents in advance by examining whether a person engaged in driving of a motor vehicle is a motor vehicle bypassing to the front and rear side.
Nevertheless, the Defendant, under the influence of alcohol as described in paragraph (1), was in a direct fashion with neglecting the above duty of care, and was negligent in the course of business before and after the Defendant’s right to the left-hand side of the victim HW driver’s H driver’s car, which was the right-hand side of the Defendant’s driving.
In the end, it is eventually.