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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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those engaged in driving a BK5 vehicle;
On June 9, 2015, the Defendant, without obtaining a driver's license at around 02:30 on June 9, 2015, was under the influence of alcohol with a blood alcohol concentration of 0.096% 0.096% on the road in front of the Dinwon located in Busan Ho-gu C, and was driving from the side of the Busan Bank to the National Bank.
Since a vehicle parked at the time starts, there was a duty of care to safely drive the vehicle by checking the safety of the course before, after and after the start of the vehicle driving service.
Nevertheless, the Defendant was negligent in not finding a victim E-(70 years old) taxi driving on the port of the Defendant’s car because the Defendant was negligent in neglecting the influence and side while under the influence of alcohol without obtaining a driver’s license, and was negligent in driving the Defendant’s vehicle in front of the Defendant’s driver’s car, and received the victim E-driving cab.
Ultimately, the Defendant suffered injury to the victim E, such as salt, tensions, etc. in need of treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant escaped without immediately stopping the said taxi owned by the victim transportation company, even though it damages approximately KRW 721,148 for repair costs, and did not take measures such as providing relief to the victim.
2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Free Driver) as stated in paragraph (1) of this Article, without obtaining a driver’s license, driving a vehicle with approximately one meter B K5 vehicle while under the influence of alcohol at a level of 0.096% under the influence of alcohol without obtaining a driver’s license in front of the Dentwon located in Busan Seo-gu, Busan.
Summary of Evidence
1. Defendant's legal statement;
1. The defendant;