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A defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2013 Highest 1814] The Defendant was sentenced to a fine of KRW 1.5 million by the Suwon District Court on March 8, 2011, and a fine of KRW 4 million by the same court on April 27, 2011.
1. Around 21:00 on March 30, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act, while under the influence of alcohol by 0.126% of the blood alcohol concentration without a vehicle driver’s license, the Defendant driving a gallon-ro vehicle with B gallon-ro, and driving a one-lane prior to the three-lane distance in the gallon-dong, Anung-gu, Goung-gu, Yung-dong at the speed of 10km at the speed of the folk village.
A person who is engaged in the driving of a motor vehicle has a duty of care to thoroughly operate the motor vehicle steering system, brake system, etc. on the front side and prevent the accident from being delayed.
Nevertheless, while the Defendant neglected to turn to the left from the gallon distance to the Folk village, the part of the victim C(59 years old) driving that moved to the right side of the said gallon car was shocked in front of the right side of the said gallon car while the Defendant left to the right side from the gallon road.
Ultimately, the Defendant caused the above victim C and the victim E (the age of 55) who was accompanied by the said victim’s car due to the above occupational negligence, to receive approximately two weeks of medical treatment, and at the same time damaged the said food car to cover KRW 14,547,00 in total, for repair costs.
2. Violation of the Road Traffic Act (driving) and the Road Traffic Act (Free Driver’s License) were operated without a driver’s license of a motor vehicle at the time specified in the above paragraph (1), from the road front of the upstreamal road located in the galking-gu, Sori-si, Gigi-gu, Gigi-gu, Gigi-dong to the road located in the same Gu (U.S.) at approximately 1.5 km away from the road before the entrance of the folk village located in the same Gu.
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