A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 6, 2012, the Defendant driven the above vehicle while under the influence of alcohol 0.263% with blood alcohol concentration around 20:00, without a driver’s license, and proceeded ahead of the road in front of the Doyang-gu, Doyang-gu, Doyang-gu, Doyang-gu, Doyang-do, to the Doyang-Eup terminal in the direction of the new reorganization of the Doyang-Eup.

Since the location is a place where traffic is not controlled, a person engaged in driving service has a duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily suspending the vehicle.

Nevertheless, due to the negligence of bypassing it, the part of the victim C (Nam, 52 years old) driving, which was proceeding before the defendant, was placed in front of the left side of the said sub-owned vehicle.

As a result, the Defendant suffered injury such as salt, tensions, etc. in the cirratum requiring treatment for about two weeks by negligence in the course of business as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual investigation report on each traffic accident;

1. Report on detection of a host driver;

1. Data on driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the proviso of Article 3 (1) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act and a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, an aggravated punishment for concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravated punishment imposed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents which has heavier penalty] shall be aggravated: Provided, That the lowest sentence of the punishment shall be that set forth for the violation