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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 January 10, 201, the Defendant was issued a summary order of KRW 1 million by the Ulsan District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million by the same court on October 25, 2017, respectively.
【Criminal Facts】
1. The Defendant is a person who is engaged in driving service with the JEA JET in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
At around 19:55 on May 21, 2018, the Defendant driven the 19:50 oba, and driven the oba, along which the center line was installed in front of the D cafeteria, Ulsan-gun, Ulsan-gun, the Defendant driven the oba, leading to the robaon from the lower side of the C oba.
At this point, there is a road with a central line, and the victim E (the 75-year-old) who has driven the road from the front side to the lower side of the road, so in such a case, there was a duty of care to prevent accidents by safely driving the vehicle, such as thorough operation of the front side and operation of the brake system.
Nevertheless, without a motorcycle driver's license, the Defendant, while under the influence of alcohol with 0.092% of alcohol level, dumpeded the center line with the driver's driver's license, and caused the driver's cump to the driver's license.
As a result, the Defendant suffered injury to the victim, such as Dam tymal tymposis, which requires treatment for about two weeks by occupational negligence as above.
2. Around 19:55 on May 21, 2018, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driven a motor vehicle as stated in the foregoing paragraph (1) without a motorcycle driver’s license, while under the influence of alcohol leveling about 0.092% from the section of about 8km to the front of a D restaurant located in Ulsan-gun, Ulsan-gun, U. Ulsan-gun, to the end of the day before the D cafeteria located in C through the G-gun, Ulsan-gun, U. Ulsan-gun, without a motorcycle driver’s license.
Accordingly, the defendant did not obtain a motorcycle driver's license.