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Defendant shall be punished by imprisonment for a term of one year and three months.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 25, 2007, the defendant was notified of a summary order of KRW 3 million by the Daegu District Court due to the violation of the Road Traffic Act.
1. On December 15, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a B gallon vehicle with a blood alcohol concentration of 0.103% under the influence of 0.103% without obtaining a driver’s license on December 18, 2019, and operated the B gallon-ro 69 Won-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do with a primary intersection from C to D.
In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear and brakes by accurately operating the steering gear and brakes.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent and proceeded with the lower part of the FMW530i car of the victim E (the age of 62) who was stopped at the front section of the said car.
The Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.
2. On the date and time set forth in paragraph (1), the Defendant driven the said vehicle without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.103% in the 8km section from the front of the Samyang-gun, Cheongyang-do, Cheongyang-do, Cheongyang-do to the front of the Samyang-do, Cheongyang-do, Cheongyang-do, Cheongyang-do to the front of the 69km-do.
As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time driving without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. E's statement of traffic accident-related person;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Each photograph: “accident site and accident vehicle”, and “blue video fluoring”
1. A medical certificate;
1. Before judgment: