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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 of the final judgment.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a low-speed car B.
On May 12, 2015, the Defendant driven the said vehicle while under the influence of alcohol without a driver's license at a point 77.5 kilometers from the 77.5 kilometers in the Yong-dong of Gwangju, the Defendant driven the said vehicle while under the influence of alcohol with a blood alcohol concentration of 0.170% that is difficult to drive normally, such as where the face is red due to the influence of alcohol without a driver's license.
At this point, since it was an expressway with frequent traffic of vehicles, a person engaged in driving of motor vehicles has the duty of care to pay attention to the traffic of other motor vehicles and to prevent accidents in advance by driving.
Nevertheless, the Defendant got the back portion of the victim C(S) driving D's 58 years old-old driving vehicle, which was driven by the negligence that failed to properly operate the steering direction and operation system due to the foregoing state of driving, and suffered injury, such as the right-hand balance, the lower part of the victim C(S) driving the above 58 years old-old driving vehicle, and suffered injury to the victim, which requires approximately four weeks medical treatment.
As a result, the Defendant, without a driver's license, driven the above low-speed car with a blood alcohol concentration of 0.170% which is difficult to drive normally due to the influence of alcohol and sustained injury to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. C's statement on the occurrence of traffic accidents;
1. The actual condition survey report;
1. A medical certificate;
1. A report on the actual state of the driver;
1. Application of the statutes on the register of driver's licenses;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;