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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
1. A person who is engaged in driving of B Poter cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);
On October 26, 2019, the Defendant driven the above cargo vehicle while under the influence of 0.186% alcohol level without obtaining a driver's license at around 18:10 on October 26, 2019, and led the Defendant to drive from D to E the road in front of the south-gu Seoul Special Metropolitan City.
At night and around the road, there was a cargo vehicle parked in order to load rice harvested with a person waiting for the above work and harvested rice on the side of the road, and thus, there was a duty of care to reduce speed and accurately manipulate the steering direction and brakes so as to prevent accidents in advance by accurately manipulating the steering direction and brakes and prevent accidents.
Nevertheless, under the influence of alcohol, the Defendant, while neglecting it, did not look at the front side of the vehicle and proceeded in as is, by negligence, left the direction towards the right side of the vehicle, brought the Gwinger owned by the victim F (the south, 54 years old), which was parked in the direction to the right side of the vehicle, and brought the body of the victim H (the south, 62 years old) who was arranged to load the damaged cargo onto the right side of the cargo vehicle, followed the victim H's walk toward the front right side of the cargo of the Defendant, and followed the victim H's cargo with the cargo wheels of the Defendant.
Ultimately, the Defendant suffered from the above occupational negligence that requires approximately 8 weeks of medical treatment to the victim H by the above occupational negligence, such as cutting the thalth of the 5th salone of the middle salone and cutting the cage of the cage that requires medical treatment for about 6 weeks, and at the same time, necessary measures such as providing relief to the victim by immediately stopping the damaged cargo vehicle with a cost of repairing KRW 100,000.