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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person engaged in the operation of Cbents' automobiles.
On July 8, 2017, the Defendant was under the influence of alcohol level of 0.184% in blood without a driver’s license, while driving the said vehicle, and driving the said vehicle along the road of four-lanes adjacent to the intersection in front of the 317 Gangnam-gu Seoul, Gangnam-gu, Seoul, along the intersection, along the four-lanes of the road from the intersection to the intersection of the intersection of the Jenekngu, South East East East East East East East East-gu, the Defendant stopped to the atmosphere of the vehicle signal.
In such cases, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to accurately operate the steering gear and brake system, to verify the speed change, and to safely proceed and prevent the accident in advance.
Nevertheless, the Defendant neglected this and neglected to drive under the influence of alcohol without a driver’s license as seen above, and neglected the part of the front part of the victim D Driving E, which was in the traffic signal atmosphere, following the Defendant’s vehicle, was shocked by the lower part of the Defendant’s vehicle following the Defendant’s vehicle.
Ultimately, the Defendant, by occupational negligence as seen above, destroyed the above victim’s repair cost of KRW 465,892 to the said victim’s vehicle, but did not immediately stop and take necessary measures, such as aiding and abetting the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A traffic accident report (1, 2) a traffic accident report;
1. A written statement on the occurrence of traffic accidents;
1. Receipts for measuring drinking alcohol;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Application of the written estimate statutes;
1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of penalty;