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A defendant shall be punished by imprisonment for not less than eight months.
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
1. On March 17, 2014, the Defendant has a record of being sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the Incheon District Court on March 17, 2014, and a fine of KRW 4 million for the same crime at the same court on September 27, 2016.
피고인은 2017. 9. 25. 20:40 경 인천 남구 독배로 405에 있는 ‘ 동원 물 텀벙’ 앞 도로에서부터 같은 구 B에 있는 ‘C’ 맞은 편 앞 도로에 이르기까지 약 100m 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알콜 농도 0.139% 의 술에 취한 상태로 D 스포 티지 승용차를 운전하였다.
2. The Defendant is a person who is engaged in driving a motor vehicle in the D Spanpo area.
On September 25, 2017, at around 20:40, the Defendant driven the said car under the influence of alcohol content of 0.139% in blood, and turned down the three-lane road along the “C” located in the Nam-gu Incheon Metropolitan City, Nam-gu, as indicated in the above “1” clause, along with the two-lanes from the surface of the current shooting distance room.
In that context, it is night, and prior to the same direction, the victim E (35 years) is behind the driver's vehicle driven by the FIW, and therefore, the driver's duty of care to prevent accidents, such as securing and driving safety distance to avoid the accident, if the driver's vehicle stops the vehicle.
Nevertheless, the defendant neglected to drive under the influence of the above drinking, and caused the above so-called "motor vehicle by negligence of driving too close and due to the negligence of driving the motor vehicle, which the defendant tried to start after being set up in accordance with the suspension signals, and brought the motor vehicle by the front driver of the motor vehicle operated by the defendant.
Ultimately, the Defendant committed the above occupational negligence for approximately two weeks to the victim.