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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. Around 20:00 on August 6, 2012, the Defendant driving a B tea with blood alcohol concentration of 0.173% without obtaining a driver’s license in a section of about 1km from the Seocho-gu Seoul, Seoul to the upper 120-14 front roads.
2. The Defendant is a person who is engaged in driving a B multilateral car.
The Defendant driven the said car in a state where it is difficult to drive normally due to influence of alcohol at the time specified in paragraph (1) and proceeded about about 30 km in speed depending on the two-lane road in the middle-gu Seoul Special Metropolitan City, Jung-gu, 120-14, and changed the lane into a three-lane.
A person engaged in driving of a motor vehicle has a duty of care to change the vehicle line by operating direction direction, etc. when changing the vehicle line, giving prior notice of change of course, and taking into account the traffic situation of the front and rear.
Nevertheless, the Defendant neglected to do so and did not check the traffic conditions of the front and rear left-hand party while changing the vehicle line. However, the Defendant received the back-hand spread on the left-hand side of the D-car driven by the victim C (IB, 29 years old) who was driven by the Defendant at the front-hand end of the vehicle of the Defendant.
As above, the Defendant suffered from an injury to a victim C by negligence in the course of business, which was driven in a situation where normal driving is difficult due to influence of drinking, and at the same time suffered from an injury to the victim E (V, 29 years of age) who was accompanied by a vehicle driven by the victim C for about two weeks in need of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. The actual condition survey report;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. The register of driver's licenses;