A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date the above judgment becomes final and conclusive.

Punishment of the crime

On December 13, 2012, the Defendant, without obtaining a driver’s license, driven B string vehicle under the influence of alcohol content of 0.138% on blood on December 13, 2012, and led to a three-lane road in front of the Hansan Home Corporation Scour-gu, Busan Metropolitan City, by driving the B string vehicle under the influence of alcohol content of 0.138% on March 13, 201.

At the time, the Defendant got off the driver’s seat of the victim C(55 years old) who was signaled at the same time at the same time, in a restaurant where it is impossible to know the trade name in the Pakju-si Dong-dong, and the horse was divided into the horse, the body is not properly accumulated, and the face was difficult to drive normally, but by negligence, the Defendant got off the part on the side of the driver’s seat of the victim C(55 years old) who was signaled at one lane adjacent to the above road.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. A report on the actual status of a host driver;

1. A medical certificate;

1. Details of cancellation and disposition of driver's license and the register of driver's licenses;

1. Application of traffic accident-related Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Provided, That the lowest of the punishment shall be the punishment determined for the violation of the Road Traffic Act] among concurrent crimes;

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.