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A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person engaging in driving a vehicle B K5 vehicle.
On July 31, 2014, the Defendant driven the above car on July 04:45, 2014, and continued the front road of the Ycheon-gun, Yancheon-gun, Yancheon-ro three-ro, Yacheon-gun, Yacheon-gun, Yacheon-do, to the front side of the Yacheon-gun, Yacheon-do.
At this point, the width without a central line is narrow, so the driver of the vehicle has a duty of care to reduce the speed and accurately manipulate the steering gear in order to prevent the accident in advance.
Nevertheless, the Defendant neglected this and proceeded in the opposite lane due to negligence, and received the part before the left-hand part of the Darburged car driven by the victim C, which was driven by the opposite lane, following the left-hand part of the car driven by the Defendant.
Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed a motor vehicle with soflurged, and escaped without immediately stopping and taking necessary measures.
2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without obtaining a driver’s license at the time and place specified in paragraph (1), and driving the said vehicle under the influence of alcohol 0.132% in the blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. C’s statement;
1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. The driver's license ledger;
1. Application of the Acts and subordinate statutes for photograph explanation;
1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, Article 148-2 (2) 2, Article 44 (1) of the same Act concerning facts constituting an offense (a point of driving without obtaining a license) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;
1.Article 40 of the Criminal Code of Trade and Trade.