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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
The Defendant did not have a driver’s license as a person who is engaged in driving of a freezing fluor B.
On January 30, 2014, at around 19:40, the Defendant was under the influence of alcohol 0.176% of blood alcohol level, and the Defendant was unable to drive normally due to the influence of drinking, such as shocking, unfreshing, walking, etc., while driving the said cargo without a driver’s license, and driving the said cargo in front of the 375-11 Shocheon-dong Seoul Western-dong 375-11, along the four-lane in the direction of the next generation school from the sand room.
In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving so as to find out the victim C (the 60-year-old 60-year-old cab) who was under the influence of traffic signals and was under the influence of alcohol and was at the latest stopped, but did not stop. The part of the above victim's driver's vehicle after the cab was under the influence of the Defendant's driver's vehicle in front of the left-hand part of the cargo vehicle.
Ultimately, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. C’s statement;
1. Traffic accident report (1) and (2), report on detection of a drinking driver, and report on the circumstantial statement of a drinking driver;
1. Registers of driver's licenses;
1. A medical certificate;
1. Application of Acts and subordinate statutes of report on internal accidents (Application of Madmark);
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of punishment: Imprisonment with prison labor;