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A defendant shall be punished by imprisonment for not less than eight 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 power] On May 13, 2013, the Defendant is a person who received a summary order of KRW 3 million from the Seoul Southern District Court to a fine of KRW 2 million for a violation of the Road Traffic Act, and a fine of KRW 2 million from the same court on February 20, 2014 and received a summary order of KRW 2 million for the same crime in the same court on February 20, 2014.
【Criminal Facts】
1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of BPoter 21 ton cargo vehicles.
On May 18, 2014, at around 10:40, the Defendant driven the foregoing cargo vehicle under the influence of alcohol of 0.106% with a blood alcohol concentration without obtaining a driver's license, and led the Defendant to drive the vehicle along the road of 140% in front of the yellow 140-ro Seoul Gangseo-gu, Gangseo-gu, Seoul, along a one-lane from the end of the bus stop to the monthly elementary school of 588.
On the front of the defendant's running direction, the victim C(51 years old) driver's first-hand car was stopped pursuant to the new subparagraph. In such a case, the driver of the vehicle has a duty of care to reduce the speed by properly examining the traffic situation of the front side and to accurately operate and safely drive the steering gear and brakes to prevent the accident in advance.
Nevertheless, under the influence of alcohol, the Defendant was unable to find the above D body-man car in the front section due to the negligence that he was negligent in driving, and the Defendant was found to have driven the above D body-man car on the front section of the freight vehicle and received the part behind the string part of the Defendant’s vehicle.
As a result, the Defendant suffered injury to the victim C due to the above occupational negligence for about two weeks of medical treatment, and injury to the victim E (the son, the son, and the 37 years of age) who is a passenger of the above mathma car, for about two weeks of medical treatment, respectively.
2. The defendant who has violated the Road Traffic Act and the Road Traffic Act (driving without a license) and the above paragraph (1) above shall begin on the roads in front of the New Month 7, Yangcheon-gu, Seoul.