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A defendant shall be punished by imprisonment for six 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
1. On September 8, 2018, the Defendant violated the Road Traffic Act (SP) (SP) as a person engaging in driving a BK7 vehicle, and, at around 03:10 on September 8, 2018, the Defendant: (a) was driving the said vehicle to drive the said vehicle and then driving the road in front of the Seongbuk-gu C market south of the Sinsan-gu Seoul Special Metropolitan City in the direction D direction from the flow distance direction; (b) was shocking the Defendant’s left-hand side of the victim E driver’s FK5 taxi that was moving into a stop due to the shocking of the said taxi, and (c) went away from the site without taking necessary measures.
2. Around 03:10 on September 8, 2018, the Defendant was driving B K7 cars while under the influence of alcohol with approximately 200 meters alcohol level 0.145% without obtaining a driver’s license from the J agency, which was located in Sung-si, Changwon-si I to the roads in front of the Sungsi-si, Changwon-si C market.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. G statements;
1. The actual condition survey report;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes on accident site photographs;
1. Relevant provisions of Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning facts constituting an offense;
1. Crimes provided for in Articles 40 and 50 (Mutual Measures to be Taken after Accidents) of the Criminal Act for the commercial concurrence and between the crimes provided for in Articles 40 and 50 (Mutual Measures to be Taken) of the Road Traffic Act and the crimes provided for in the Road Traffic Act;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the punishment shall be more severe (the punishment shall be the same as the punishment specified for the crime not subject to the accident).