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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
1. The defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act is a person who is engaged in driving a B Poter, ultra-be cargo vehicle;
On April 22, 2014, the Defendant driven the above cargo while under the influence of 0.165% of alcohol concentration without obtaining a driver's license on April 19, 2014, and continued a three-distance path from the Jin-Eup in the Jin-si, Jin-si, Gyeongsan-si to the private distance of the foreign exchange bank from the Gyeongsan-si.
In such cases, all drivers of motor vehicles have a duty of care to operate motor vehicles in a speed or manner that may cause danger and harm to others according to road traffic conditions and the structure and performance of their motor vehicles.
Nevertheless, the Defendant neglected to stop on the front side of the cargo vehicle of the Defendant, by negligence, was driven by the victim C (Nam, 20 years old) who stops in the signal atmosphere in the same direction.
Ultimately, the Defendant caused injury to the victim, such as salt and tensions that require approximately two weeks of medical treatment due to occupational negligence as above, and at the same time damaged the Defendant’s f37,278 cost of loading damaged cargo vehicles.
2. On July 20, 2009, the Defendant has been sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving without a license) or a violation of the Road Traffic Act (driving without a license) at the Daegu District Court on July 20, 2009, and a person who has been sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving without a license) at the Daegu District Court on March 22, 201 and was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving without a license)
The Defendant, without obtaining a temporary driver’s license as referred to in paragraph (1) above, is from the day to day-to day-day fluor, where he was under the influence of alcohol with 0.165% of blood alcohol concentration.