A defendant shall be punished by imprisonment for six 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.

Punishment of the crime

1. On November 5, 2017, the Defendant driven C-car under the influence of alcohol concentration of 0.098% without obtaining a driver’s license from the main station located in the Jung-gu Seoul Metropolitan Government, Jung-gu, to the same front road from around 03:13 on November 5, 2017.

2. The Defendant is a person driving CA car.

On November 5, 2017, at around 03:13, the Defendant, while under the influence of alcohol content of 0.098% in blood, was stopped across India and on the road without obtaining a driver’s license in front of the Seoul Southern-gu, Seoul, the Defendant started driving of the said vehicle.

In such cases, the driver has a duty of care to check whether there is no pedestrian in India, and to prevent the accident.

Nevertheless, the Defendant neglected to do so and followed the victim D (22 ) who was in a conversation with India due to the negligence of the Defendant’s failure to keep it up to the right side of the vehicle operated by the Defendant.

As a result, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, which requires approximately one week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the investigation report on the actual condition of traffic accidents, a written statement of the occurrence of traffic accidents, a statement of the circumstances of the driver at home, a report on the detection of the driver at home, a medical certificate, and the ledger of driver's licenses;

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning criminal facts;

1. Crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (driving of Drinking) and crimes of violation of Road Traffic Act (driving of Drinking).