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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 15, 2006, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court for a violation of the Road Traffic Act (driving). On January 22, 2009, the Defendant was issued a summary order of KRW 2 million by the same court as the same crime. On January 17, 2012, the Defendant was issued a summary order of KRW 8 million by the same court.
【Criminal Facts】 The Defendant is a person engaging in driving a vehicle BK7.
On March 23, 2013, at around 02:10, the Defendant driven the above vehicle while under the influence of 0.093% alcohol concentration without a driver’s license, and led to the left-hand turn-hand turn-on from the active service side at the 3-lane 618-2, Southern-gu, Incheon Metropolitan City.
At that time, since a signal, etc. is installed, a person engaged in driving service has a duty of care to drive safely in accordance with the new code.
Nevertheless, the Defendant was negligent in driving a vehicle while drunkly in violation of the signal without a driver’s license and received the front part of the said K7 vehicle from the front part of the said K7 vehicle, which was driven by the victim C, who was in a straight line from the front side of the paddy-gu main apartment, to the south and south of the vehicle.
After all, the Defendant suffered injury to the victim C, such as light salt, which requires approximately three weeks of medical treatment due to occupational negligence as above, and injury to the victim E, who was aboard the said taxi, such as inside and outside of the inner area, which requires approximately two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. E statements;
1. Report on proper launch of drivers, and the register of driver's licenses;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1, 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act;