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A defendant shall be punished by imprisonment for one year.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 29, 2015, the Defendant driven B passenger cars with alcohol concentration of 0.086% while under the influence of alcohol without obtaining a driver's license of a motor vehicle on December 29, 2015, and proceeded along one lane from the two-lanes of the shooting distance in front of the Seosan-dong Confucian School, Ulsan-gu, Ulsan-gu, and left left the left at the seat of the Confucian School.
At the time, it is an intersection where the yellow light is on-and-off, so in such a case, a person engaged in the driving duty of the motor vehicle has a duty of care to proceed with with the display of other traffic or safety signs.
Nevertheless, the Defendant neglected this and neglected to turn to the left as it was, and the Defendant got off the part of the victim C(16) driving, which was proceeding in the opposite direction, as the front part of the Defendant’s vehicle.
After all, the defendant suffered from a closed scarke, which requires at least 10 weeks of treatment due to occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on the actual condition of traffic accidents, a report on detection of a primary driver, and the register of driver's licenses;
1. Each medical certificate and opinion;
1. Application of statutes on field photographs;
1. Injury caused by occupational negligence in relation to the relevant criminal facts: Article 3(1), the proviso to Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Driving of alcohol without a license under Article 148-2(2)3 and Article 44(1) of the Road Traffic Act: Article 152 subparag. 1 and Article 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and punishment provided for in the crimes of violation of the Road Traffic Act, of which punishment is heavier;
1. Election of imprisonment without prison labor or imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Optional Punishment;
1. Article 37 (former part), Article 38 (1) 2, Article 38 (2), and Article 50 (Violation of Special Act on the Settlement of Traffic Accidents) of the Criminal Act to increase concurrent crimes.