A defendant shall be punished by imprisonment for one year.

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

On December 4, 2014, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) through the Busan District Court on December 4, 201, and a person who was issued a summary order of one million and five hundred and fifty thousand won for the same crime in the same court on April 2, 2015.

The defendant is a person who is engaged in driving of CM3 motor vehicles.

On August 11, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.224% without obtaining a driver’s license of a motor vehicle at around 09:00, while driving the vehicle at a normal rate of 0.24%, and caused the injury of the victim E (man, 71 years old) who is driving the front part of the motor vehicle with the front part of the front part of the above vehicle and who is in need of about 2 weeks medical treatment in the direction of the new apartment site in the direction of the port of Busan. In the course of driving the vehicle on the right side of the new apartment site, due to negligence, who neglected the duty of the front line, and proceeded to the right side of the knee, knee, etc. that requires about 2 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A written appraisal;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Although there was a history of two times of criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the crime of causing a traffic accident while driving a vehicle without a driver's license in the state of chilling, is not provided for in the above.