A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 29, 2014, the Defendant was sentenced to a fine of KRW 3 million as a violation of the Road Traffic Act (driving) in the application of the Gwangju District Court on January 29, 2014, and a fine of KRW 3 million by the same court on November 2, 2018, and the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (driving).

[Criminal Facts] The Defendant is a person who is engaged in driving cars B, C, and C, and is also engaged in driving cars.

On December 11, 2019, at around 01:20, the Defendant, without a driver’s license, driven the above vehicle while under the influence of 0.113% alcohol concentration without a driver’s license, and proceeded from the 2nd square distance from the 3rd square to the 9th square square in the calculation of 159 at the booming time, by driving the said vehicle while having difficulty in driving normally, such as driving the vehicle with blood color, and driving the vehicle on the red side and the walking, etc.

At this point, there was a duty of care to prevent accidents by driving safely according to signal signal lights.

Nevertheless, the Defendant neglected this and caused the negligence of violating the signal due to the negligence of the Defendant, and led the victim D (Nam, 62 years of age) driving from the side of the pharmacy distance pursuant to the Marina, to the right side of the motor vehicle driving by the Defendant, the front part of the upper right side of the motor vehicle driving by the Defendant.

Ultimately, the Defendant violated Article 44(1) of the Road Traffic Act without a driver’s license at least twice, and was driving the Defendant’s vehicle in a state where normal driving is difficult due to influence of alcohol, resulting in the Defendant’s injury to the victim, such as dump, tension, etc. for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on the actual state of the driver;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. The General of Driver's Licenses (A);

1. A medical certificate (D);

1. Previouss before ruling: Criminal records and investigation reports, and suspects;