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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. The defendant is a person who violates the Road Traffic Act (unclaimed Measures) and engages in driving of a vehicle by obtaining a franchise.
On January 26, 2013, at around 18:54, the Defendant was driven at the third underground parking lot of the D Building in the state of 0.112% alcohol level without obtaining a driver's license for a motor vehicle.
At that time, there was a duty of care to drive safely by accurately manipulating steering devices, brakes, and other safety devices, as other vehicles are parked in the area, so that those engaged in driving service have a clear mind, and there was a duty of care to drive safely.
Nevertheless, the Defendant, while under the influence of alcohol, got a F rocketing car owned by the victim E, which is parked behind the Defendant’s vehicle due to the negligence of the Defendant, and caused the said vehicle to be a wall of the said parking lot managed by the victim G.
Ultimately, the Defendant, by negligence in the above occupational negligence, destroyed the above car to cover the repairing cost of approximately KRW 2 million, and destroyed the wall of the above parking lot to cover the repair cost, and went away without taking necessary measures at the site, and went away from the site.
2. The Defendant violated the Road Traffic Act, the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act without obtaining a driver’s license at the time and place specified in paragraph (1) and operated a car without being covered by the mandatory insurance under the influence of 0.112% of blood alcohol concentration, without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. The register of traffic accidents, the actual status of driving licenses, the report on the actions against model drivers, the report on the actual status of model drivers, the mandatory insurance, and the register of driver's licenses;
1. Application of statutes on site photographs;
1. Relevant Articles 148 and 54(1) of the Road Traffic Act, and Article 148-2(2) of the Road Traffic Act concerning criminal facts;