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A defendant shall be punished by imprisonment for one year.
except that 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
At around 19:40 on May 7, 2012, the Defendant, who is engaged in driving Bran XG car, was driving the said vehicle on the front of the Green Hospital, in the state of under the influence of alcohol 0.237% of the blood alcohol concentration without the driver’s license of the vehicle, while under the influence of alcohol 0.237%.
In this case, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by accurately manipulating the steering system of the motor vehicle.
Nevertheless, under the influence of alcohol, the defendant, who was negligent in driving, conflicts with the victim's chemical group owned by the Seo-gu, Gwangju Metropolitan City Office on the right side of the defendant's moving direction with the defendant's driving vehicle.
As a result, the Defendant damaged the said chemical team by negligence in the course of performing his duties, which is equivalent to KRW 871,00,000.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. C's statement on the occurrence of a traffic accident;
1. A survey report on actual condition, and a report on actual status of a driver;
1. Application of the statutes on the ledger and calculation sheets of driver's licenses;
1. Relevant Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act concerning a crime;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. Selection of a sentence of imprisonment with prison labor for a violation of the Road Traffic Act, and a sentence of imprisonment without prison labor for a violation of the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below) of the current Road Traffic Act threatens the safety of road traffic.