beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 3, 2003, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court on September 3, 2003; on October 31, 2003, the same court issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving without a license); on March 19, 2008, the same court issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving without a license); and on March 30, 2017, the same court issued a summary order of KRW 2 million as a fine for the same crime, respectively.
The Defendant is a person engaging in driving a rocketing car.
On November 11, 2019, at around 23:45, the Defendant driven the said car under the influence of alcohol level of 0.112% without a driver’s license, and led to the intersection of the C apartment 42-ro, Cheongju-si, Cheongju-si, Cheongju-si, the Seoul Special Metropolitan City (Seoul Special Metropolitan City Mayor/Do 62-ro), to the area of the Jinho Park.
Before the same direction, the victim D (n, 27 years old) stopped in the E G80 NAS car driven by the victim D while in the signal atmosphere, and thus, the person engaged in driving service has a duty of care to ensure safety distance that can be well able to see and avoid.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and was negligent in proceeding with the lower part of the NAS car as the front part of the Defendant’s car.
Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to influence of alcohol, resulting in the Defendant’s injury to the victim, by driving the said rocketing car for about two weeks, such as a shot, shoulder, and tension. Without a driver’s license, the Defendant violated Article 44(1) of the Road Traffic Act at least twice without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of traffic accident;
1. A traffic accident report, a survey report, and an accident site photograph;
1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;
1. A medical certificate;
1. The register of driver's licenses (A);