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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On December 16, 2011, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for a violation of the Road Traffic Act at the Cheongju District Court on December 16, 201, and the judgment becomes final and conclusive on December 24, 201, and is still under suspended execution.
【Criminal Facts】
1. The accused is a person engaged in driving of CPoter cargo that has not been covered by the mandatory insurance for motor vehicles, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), Road Traffic Act, Road Traffic Act, and Automobile Accident Compensation Guarantee Act;
At around 18:40 on October 23, 2012, the Defendant, without a driver’s license of a motor vehicle, driven the foregoing cargo vehicle in a state of normal operation, such as under the influence of alcohol, snow snowing, failure to properly hold the body, etc., but the Defendant was driving the said cargo vehicle at a speed of about 10km per hour, depending on the two-lanes from the right south to the parallel point, with the flow of the foregoing cargo vehicle at a speed of about 10km per hour.
Although a person engaged in driving service has an occupational duty of care to prevent accidents by accurately operating the steering gear and the steering gear well, the Defendant was negligent in neglecting it while driving so as to prevent accidents, and the Defendant received the back part of the EM5 car of the victim D (the age of 41) driving in the front bank as the front part of the said cargo vehicle.
As a result, the defendant suffered from the victim's negligence for about two weeks of medical treatment, and at the same time damaged the above SM5 car to be an unpresumed repair cost.
2. Violation of the Road Traffic Act (Refusal of the measurement of alcoholic beverages) by the Defendant is justifiable, even if there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as paragraph (1), from around October 23, 2012 to around 20:00 on the same day, at the F police box of the Sungdong Police Station from around October 19:25, 201.