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A defendant shall be punished by imprisonment for one year.
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 is a person who is engaged in driving a ESFM car.
On January 9, 2013, the Defendant, without obtaining a driver’s license, driven the said car on or around 19:45, and turned down the normal net distance in the Seo-gu, Seo-gu, Seo-gu, Seo-gu with a level of alcohol content of 0.150% under the influence of alcohol.
At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to ensure that drivers are engaged in driving service thoroughly and safely operate the car line.
Nevertheless, under the influence of alcohol, the Defendant was in front of the Defendant’s driving of the Victim C(27 years old) drive, which was waiting to drive in the opposite direction by neglecting the center line due to the negligence of driving the center line, and was waiting to drive in the opposite direction.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and was negligent in the course of performing the above duties to the victim, resulting in the Defendant’s injury, such as the salt, tension, etc. of the necessary 3 weeks’ treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Statement of actual condition, report on detection of a driver by driving, report on the circumstantial statement of a driver by driving, and documents per motor vehicle driver’s license;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order;