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A defendant shall be punished by imprisonment for six 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
Criminal facts
1. On April 28, 2016, the Defendant was driving a DNA cargo vehicle at the 14m section from the 14th greenhouse road before and after the 1st three-distance intersection in the Crd-si, Kim Gluri-si without obtaining a driver’s license on April 10, 2016, in the state of alcohol level of 0.068% in blood while under the influence of alcohol level of 0.068% in the blood.
2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a DNA cargo vehicle.
On April 28, 2016, at around 10:00, the Defendant driven the poter cargo vehicle without a driver’s license, and led to the intersection in front of C in Kimhae-si, Kim Jong-si, along the two-lanes from the direction of Heung-dong, along the two-lanes.
Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by reducing speed to persons engaged in driving of motor vehicles, and driving the signal lights and the surrounding vehicles with the same attitude.
Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was waiting for a signal at the front, and was driving by the victim E (the age of 54) who was waiting for the signal at the front.
As a result, the Defendant suffered injury to the victim, such as cinal salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident-related statement prepared by E;
1. A survey report on actual conditions;
1. A report on the detection of a primary driver;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3(1), Article 3(2) proviso 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 Subparag. 3 and Article 44(1) of the Road Traffic Act, Article 152 Subparag. 1 of the Road Traffic Act concerning criminal facts.