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A defendant shall be punished by imprisonment for six 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
1. The defendant is a person who is engaged in driving a freight vehicle B in the case of violating the Act on the Aggravated Punishment, etc. of Specific Crimes;
On September 26, 2013, at around 21:30, the Defendant driven the above cargo while under the influence of alcohol of 0.146%, and proceeded with a road at the entrance of the elementary apartment complex 3, which is located at the east of Asan City, with the entrance of the primary apartment complex from the 1st room of the primary apartment complex.
Since there is a person driving a vehicle around the entrance of an apartment, there was a duty of care to safely operate the motor vehicle by properly seeing the left, the right and the right, and the right and the right, and accurately operating the steering system.
Nevertheless, as seen above, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, was negligent in neglecting his/her duty on the front of the entrance road due to negligence, and caused the Defendant to suffer bodily injury, such as an open head, head, dunes, and dunes that require treatment for about six weeks.
2. Around September 26, 2013, the Defendant driven B Poter Cargo without obtaining a driver’s license under the influence of alcohol concentration of 0.146% from the 100-meter section near the 100-meter road in the east-dong, Asan-si, Asan-si.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A traffic accident report, on-site photograph, and medical certificate;
1. Application of the circumstantial statement statement report and the laws and subordinate statutes on the register of driver's licenses;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Code of Trade Competition.