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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On May 24, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the support of the Daejeon District Court Seosan, and a summary order of KRW 4 million for the same crime in the same court on September 30, 2016, respectively.
[Criminal facts] The Defendant is a person engaged in driving a vehicle for BSM 7 getting on board.
On December 9, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 02:00 on December 9, 2016, operated the said motor vehicle under the influence of alcohol level of 0.148% during blood, and proceeds from the road front of the window 58, which is located in the window-ro 58 at the window of Seosan-si at the time of Seosan-si.
Since the Defendant was in difficult condition to drive a motor vehicle normally due to the influence of drinking at that time, in such a case, the Defendant should not drive the motor vehicle, and since there are signals installed, the person engaged in driving service has a duty of care to drive the motor vehicle safely in accordance with the signals of the motor vehicle by reducing speed and checking well the right and the right of the motor vehicle.
Nevertheless, the Defendant neglected this and neglected to turn to the left without neglecting the green straight signal for the moving direction, and received the D-wing and the front right part of the freight vehicle as the front right part of the Defendant driven by the victim C(58 tax) driving, who is straight from the right side of the math direction to green signals, from the right side of the math direction.
Ultimately, the Defendant suffered injury to the victim, such as finite finites in need of approximately two weeks of treatment by occupational negligence as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A report on the detection of a primary driver;
1. Response to a request for appraisal;
1. The driver's license ledger;
1. A medical certificate;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under Article 5 of the relevant Act.