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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle with B low-typ.
On May 15, 2016, the Defendant driven the said car under the influence of alcohol content of 0.104% in blood without obtaining a driver's license on May 15, 2016, and led to the driving of the said car to the front side road of D real estate located in Nam-gu Incheon Metropolitan City, Nam-gu, to the direction of D real estate from the third Dong office of 3 tin.
At the time of night, the passage of the front door and the front door of the night, and it is a backway, so a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and drive the motor vehicle in good manner.
Nevertheless, under the influence of alcohol, the Defendant, while neglecting to do so, used a mountain by negligence while driving in the same direction as the Defendant, and received the victim E (the age of 49) in front of the right side of the Defendant’s low-speed car.
As a result, the Defendant suffered from a multi-faceted scopic scopic scopic scopic scopic scopic scopic s
2. On May 15, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) on the following occasions: (a) around 20:15, the Defendant driven a B-hand car with approximately 30 meters alcohol concentration of 0.104% while under the influence of alcohol without obtaining a driver’s license from the street string-do, Nam-gu, Incheon Metropolitan City, to the D real estate front of the D real estate located in C., and without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, a report on the actual condition of an accident, a report on the driving of a vehicle, the ledger of driver's licenses, a report on detection of a driver in charge, a medical certificate
1. Article 3(1), Article 3(2)7, and Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) concerning criminal facts, and the Criminal Act.