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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
Criminal facts
The defendant has been punished for the violation of the Road Traffic Act (driving) as a crime, 50,00 won by the Suwon District Court on September 6, 2002, 200 won by a fine of 2 million won by the Suwon District Court on August 10, 2006, by a fine of 2 million won by the Ansan District Court on August 10, 2006, and by a crime of violation of the Road Traffic Act (driving) in the same court on May 28, 2008, respectively.
At around 20:50 on October 14, 2015, the Defendant, while under the influence of 0.153% of the blood alcohol concentration, found the two-lane road in the front of “C” in Silung-si B, Silung-si, 2015, the Defendant, without a driver’s license, driven a DNA cargo vehicle and proceeded along two-lanes from the direction of Silung-dong to Silung-si, while it is difficult to drive the vehicle normally.
At the time, there are nights and other vehicles are driving on the road, so there was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes while living on the front line to a person engaged in driving a motor vehicle.
Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and operation system under the influence of alcohol, and led to the Defendant’s negligence that led to the same direction depending on one-lane, and led to the Defendant’s impact on the right side of the FJ-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W
As a result, the Defendant, without a driver's license, driven a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of drinking, and suffered from the following and the alley strings in need of medical treatment for the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition of traffic accidents;
1. On-site photographs, etc.;
1. Report on the drinking output and the statement of the situation of the driver;
1. A medical certificate;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of a sound driving);