Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On July 10, 2009, the Defendant has experience of violating Article 44(1) of the Road Traffic Act on two or more occasions by receiving a summary order of 2.5 million won by a fine due to a violation of the Road Traffic Act, and a fine of 2 million won by the same court on January 29, 2010.
【Criminal Facts of Crimes】 On November 7, 2014, the Defendant, without a driver’s license of a motor vehicle on November 21:10, 2014, driven C cargo vehicles with blood alcohol concentration of at least 0.20%, which are not mandatory insurance, and proceeded at a speed of about 40-50 km from the border of Daejeon-ri to the parallel of the road in front of the E-cafeteria located in Naju City.
At the time, since it is night and there are roads that are not divided between the sidewalk and the roadway, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by thoroughly checking the front time and checking whether there is a pedestrian walking at the edge of the road.
Nevertheless, the defendant was negligent in driving while under the influence of alcohol and was on the front side of the above cargo, such as the victim F(19 years of age) who walked at the right side of the road in the running direction of the defendant.
As above, the Defendant, while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking, such as a shaking distance, etc., due to the influence of drinking, suffered bodily injury, such as salt, tension, etc. in the state of walking, which requires medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report (1) (1)
1. The evidence and photographs of each traffic accident;
1. Registers of driver's licenses;
1. Mandatory insurance policies;
1. A written statement;
1. The circumstantial report (whether to drive under danger) and the report on the state of the operation under the supervision of the Governor;
1. Notification of the control of drinking driving;
1. A medical certificate;
1. Previous convictions: Application of criminal records and investigation reports (limited to previous convictions and attachment of judgment) and Acts and subordinate statutes;
1. Criminal facts;