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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On November 5, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the 53th Military Court at the Army on November 5, 2009, and was sentenced to a summary order of five million won for a violation of the Road Traffic Act at the Busan District Court on April 9, 2014.
【Criminal Facts】
The defendant is a person who is engaged in driving a cruise vehicle B.
1. Around 00:30 on May 19, 2015, the Defendant was driving the said cruise vehicle under the influence of alcohol content of 0.186% from the clock on the road located in the Busan Young-do, Busan-do, without a driver’s license, to the roads adjacent to the “velock” restaurant located in the same 227-31.
As a result, the defendant is driving a motor vehicle without driver's license and driving a motor vehicle under the influence of alcohol even though it has been discovered not less than twice as a crime of violation of the Road Traffic Act.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing-owned Vehicles) and the Road Traffic Act (U.S.A.) provided that the Defendant, on the date and time set forth in the above paragraph (1), drive the above cruise vehicle and, on the road in front of the No. 64, Busan Young-gu, Do-gu, Busan, would proceed to a tent distance from the side of the National Bank, and thus, a person engaged in driving service had a duty of care to safely drive by reporting the current traffic situation
Nevertheless, the Defendant was negligent in neglecting the duty of care in the state of being drunk, and the Defendant was at the left side of the D-si driving of the victim C(63 years old) who was parked in the front direction of the Defendant’s proceeding, followed the victim E-owned vehicle, which was parked on the road, and again the victim G, who was at the right side of the cruise vehicle.