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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On March 18, 2014, the Defendant was driving a D-TG car under the influence of alcohol content of 0.121% without obtaining a driver’s license in a section of about 1k from the vicinity of the Jungcheon-gu Incheon Metropolitan City, Jung-gu to the Crash in the front of the Nam-gu, Incheon.
2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act, the Defendant is a person engaging in driving a vehicle.
On March 18, 2014, at around 23:25, the Defendant driven the said car under the influence of 0.121% alcohol concentration without obtaining a driver’s license in front of the Crashart located in Nam-gu Incheon Metropolitan City B, and driven the said car under the influence of alcohol concentration of 0.121%, and proceeded at about 30 km per hour in the direction of south-gu office building distance in the direction of south-gu office building distance.
At the time, there is a duty of care to secure and operate a sufficient safety distance with the vehicle ahead of it, because it is night and is followed by the vehicle ahead of it in the same direction.
Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, did not secure a sufficient safety distance with the vehicle in front, proceeded ahead of it by negligence in close vicinity, and was stopped by the victim E-driving, and received the part concerning the Fststa taxi back part of the vehicle in front of the vehicle driven by the said Defendant.
Ultimately, the Defendant damaged the victim E-owned taxi to repair cost of approximately KRW 770,000 due to the above occupational negligence, and suffered injury to the victim G (the victim aged 46, female) and the victim H (the victim aged 39) in need of medical treatment for about 20 days.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of E, G and H;
1. A fact-finding survey report and a report on detection of a host driver;
1. Application of the statutes to a written estimate, each written diagnosis, and the ledger of driver's license;
1. Each relevant Article of the Act concerning criminal facts;