A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act by the Defendant is a person engaging in driving a D SP car.

On January 11, 2013, the Defendant driven the said car at around 03:44, and proceeded at about 50km from the original distance to the direction of the Tranc City, Busan Bupyeong-gu, Busan. 362-20 Godo oil station.

At the time, it is night and its location is where the center line of yellow solid lines is installed, so the person engaged in driving motor vehicles has a duty of care to observe the vehicle line and accurately manipulate the steering and brakes so that the accident should be prevented in advance.

Nevertheless, without a driver's license, the Defendant neglected to do so while under the influence of alcohol content of 0.088%, and received the part of the victim E(30 years old) driver's license, which was driven by the central line due to negligence, as the front part of the car driver's license of the victim E(30 years old) driving.

Ultimately, the Defendant suffered injury to the victim, such as the mouth of the head of the pelpel, which requires approximately six weeks of medical treatment, due to the above occupational negligence, and at the same time destroyed the damaged vehicle’s repair cost of KRW 13,284,590.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at the same time, place, and without a driver’s license, driven the said SP car while under the influence of alcohol with a blood alcohol concentration of 0.08%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and photographs;

1. Report on the circumstantial statements of a host driver and report on the detection thereof;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. The point of causing occupational injury due to a traffic accident under the applicable law concerning the crime: Article 3 (1), the proviso of Article 3 (2), Article 3 (2) 2, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act: Article 151 of the Road Traffic Act;