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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 20, 2016, the Defendant was issued a summary order of KRW 3 million by a fine of KRW 5 million at the Gwangju District Court for a violation of the Road Traffic Act, and a fine of KRW 5 million at the same court on November 21, 2016, respectively.
On September 13, 2018, at around 01:40, the Defendant driven a e-mail vehicle without obtaining a driver’s license with a blood alcohol concentration of about 400 meters from the front road in Gwangju Mine-gu, to the front road in the same Gu D, without obtaining a driver’s license with a blood alcohol concentration of about 0.146%.
2. The Defendant is a person engaging in driving service of the said car.
The Defendant driving the said car at the above temporary border, which led to the intersection of the private distance from the entrance of the G University in front of the Gwangju Mine District to the non-protection seat of the G University from the mountain-dong intersection.
At that time, there are two crosssections where signal lights are installed, and there were vehicles that proceed in accordance with the straight-line signal for Defendant’s passenger cars, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle should safely proceed by making a good look at the traffic situation of the intersection.
Nevertheless, the Defendant neglected this and caused the victim H and the victim J(37 years old) who was on board the victim H(39 years old) to drive the victim H(s) car rapidly in accordance with the direct advanced signal, which was driven by the driver's 39 years old, to face the inside part, etc. of the victim's car.
Ultimately, the Defendant suffered injury to the victims, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Written Statement;
1. The actual condition survey report;
1. The circumstantial statement of the employee;
1. A report on detection of a host driver;