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A defendant shall be punished by imprisonment for one year.
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. On March 23, 2010, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) was sentenced to a summary order of KRW 5 million for the crimes of violation of the Road Traffic Act (driving without a license) at the Daegu District Court and its Daegu District Court and its racing support, and on September 19, 2014, the Defendant was sentenced to a summary order of KRW 4 million for the same offense by the same court and was sentenced to a penalty of at least twice for the crimes of violation of the Road Traffic Act (driving without a license).
Nevertheless, at around 21:00 on April 13, 2015, the Defendant driven a DM5 vehicle under the influence of alcohol level 0.166% without obtaining a driver’s license from the front of the entrance market in the open-dong Eup in the out-dong Eup, Gyeonggi-si to the front of the “C” road in the racing-si, and without obtaining a driver’s license from approximately 5km section to the front of the “C” road in the racing-si.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving the said SM5 car;
As above, the Defendant driven the said SM5 vehicle while under the influence of alcohol without obtaining a driver's license as above, and driven the two-lane road in front of the C in the racing-si, the Defendant driven the two-lane road from the Young-ro Tri Road to the French 70km in speed.
At the time, signal lights are installed at night and at the front of that place, so in such cases, the driver of the motor vehicle had a duty of care to reduce the speed to the person engaged in the driver's duty and to prevent the accident in advance by looking well at the other vehicles' attitudes in the signal lights and the front of the road.
Nevertheless, the Defendant neglected to drive a motor vehicle under the influence of alcohol in such a manner that it is difficult for the Defendant to drive the motor vehicle under the influence of alcohol, and proceeded the motor vehicle as it is without examining the front and without reducing the speed, and received the back portion of the FSP motor vehicle of the victim E (the age of 61) that was stopped according to the stop signal in front of the motor vehicle.
Ultimately, the Defendant is above.