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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in the operation of K7 cars.
On April 9, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.202% without obtaining a driver’s license on April 9, 2019, and operated the said car with a blood alcohol concentration of 0.202% according to a one-lane road in front C in both weeks, from the border of the intersection, to the Heungnam Park.
At the same time, the night is narrow, narrow, and bend and bend, so in this case, the driver of the vehicle has a duty of care to care to prevent the occurrence of the accident by properly manipulating the brake system, and to prevent the occurrence of the accident.
Nevertheless, the Defendant suffered injury to the victim D and E, who had been locked at the home of the victim D(78 years old) and E(73 years old), who had been locked at the home of the victim E(V) and E(73 years old), due to the shock of the vehicle and the road where the road is located due to the shock of the snow and the driver's duty of care while neglecting his duty of care in the course of performing his duties.
As a result, the Defendant was driving the said car in a situation where normal driving is difficult due to the influence of drinking, and was inflicted an injury on the victims.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Making a report on the control of drinking driving;
1. Each written diagnosis;
1. Application of Acts and subordinate statutes governing accident site photographs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50-1 of the Criminal Code of the Commercial Concurrent Crimes (hereinafter referred to as "the Criminal Code") 1.