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A defendant shall be punished by imprisonment for one year.
However, 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
[criminal power] On December 1, 2010, the Defendant was issued a summary order of KRW 5 million with fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on December 1, 2010, and a summary order of KRW 4 million with fine for a violation of the Road Traffic Act (driving) at the Seoul East District Court on December 7, 2012.
【Criminal Facts】
1. Around 22:20 on February 12, 2014, the Defendant driven a DNA-based vehicle with a blood alcohol concentration of 0.147% under the influence of alcohol without obtaining a driver’s license in the vicinity of the road around Gangnam-gu Seoul Metropolitan Government Dorobbucks.
2. On February 12, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) around 22:00, in Gangnam-gu, Gangnam-gu, Seoul, 511 Dorobbucks, while driving Lone Stars under the influence of alcohol without obtaining a driving license, as described in paragraph (1), and (b) was provided in order with the vehicle driven by E and the vehicle driven by E; and (c) thereafter, the Defendant again driven Lone Stars vehicles while moving to the side.
At this time, the injured party G (V, 18 years old) who was accompanied by the franchis vehicle was trying to put up the vehicle to the defendant by opening the car driver's seat of the Lone Star vehicle.
In such cases, a person engaged in driving of a vehicle has a duty of care to check whether the loss occurred due to the gap between the vehicle's door and the difference in the vehicle's door.
Nevertheless, under the influence of alcohol, the Defendant neglected to perform the above duty of care and shut down the door of the driver’s seat of the Lone Star vehicle, and continued to drive the Lone Star vehicle while the injured party’s left seat check, stop, and the car is in a state between the car crepan and the car crepan.
Ultimately, the Defendant suffered from the injury of the victim, such as an open wound of the number of days of treatment, due to the above occupational negligence.
Summary of Evidence
1. The defendant;