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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. The Defendant, such as the Act on Special Cases concerning the Settlement of Traffic Accidents, is a person engaged in driving cars for BM5 passengers.
On June 24, 2014, the Defendant driven the said car without obtaining a driver’s license under the influence of alcohol level of 0.150% from blood alcohol level around 06:30 on June 24, 2014. On the other hand, the Defendant driven the said car at a speed of about 30 km per hour at a speed of about 30 km of speed, depending on three-lanes from the backside of the ethical bank in the direction of the ethical bank.
Since the location is adjacent to an intersection in which traffic of vehicles is frequent, in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by keeping the traffic situation well and safely.
Nevertheless, the Defendant neglected to do so and neglected to do so while under the influence of alcohol, and neglected to proceed with it, and received the part on the right-hand side of the motor vehicle of the victim D (28 Do) from the victim D (28 Do) to the left-hand side of the above SM5 passenger car.
In the above occupational negligence, the Defendant suffered from the victim’s injury of the influent base for the number of days of treatment, and at the same time damaged the car of 1,687,398 won for repair.
2. No person shall operate any motor vehicle which is not covered by mandatory insurance on a road;
Nevertheless, the defendant operated the above BM5 car without mandatory insurance at the same date and place as the above paragraph 1.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Written statements of D;
1. A survey report on actual conditions;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Investigative into the driver's license ledger and mandatory insurance;
1. Application of written estimates and written diagnosis to statutes;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving).