Text
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed.
Reasons
Punishment of the crime
On April 15, 2016, the Defendant driven a 20.117% alcohol level in the blood alcohol level without obtaining a driver's license on April 15, 2016, and moved to the speed of approximately 20 km per hour, depending on the road located in Gwangju Mine-gu C from the westburbban, the road in front of the D cafeteria located in Gwangju Mine-gu, at the speed of about 20 km per hour.
At this time, the Defendant, by negligence of not operating the steering gear and brakes properly under the influence of alcohol, obstructed the central line, and caused the damage of the victim F (n.e., 25 years of age)’s hand, knenene, knene, etc. in the front part of the said vehicle by shocking the part of the victim E located in the opposite road A, and shocking the D cafeteria, outer wall glass and poles operated by the victim E.
Ultimately, the Defendant, by occupational negligence, sustained injury to the victim F, such as salt, tensions, etc. in need of approximately two weeks of treatment, and at the same time, escaped without immediately stopping the above restaurant windows and outer walls so as to make the said restaurant windows and outer walls reasonable in repair cost of KRW 10,409,000, and without taking necessary measures, such as providing relief to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A written statement of the occurrence of E traffic accidents;
1. The actual investigation report on traffic accidents;
1. A medical certificate;
1. Written estimate;
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act, Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of non-licensed driving) concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.