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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
Punishment of the crime
The Defendant is a person engaging in driving a QM5 car.
On October 26, 2016, the Defendant driven the said car under the influence of alcohol of 0.061% in blood without obtaining a driver's license on October 26, 2016, and driven it at a speed of 0.061% in front of the D cafeteria located in Gwangju Northern-gu C, in order to start a vehicle parked on the road at a speed of an insular speed.
However, since there is a center line, there was a duty of care for those engaged in driving service to safely operate the center line and not to intrude the center line.
Nevertheless, the Defendant was under the influence of alcohol and was negligent in her course while driving the central line, and did not avoid a Fystnael cab of the victim E (68 S) waiting to be transmitted on the face of the west, and received the back part of QM5 car driven by the Defendant, with the back part of QM5 car driven by the Defendant.
As a result, the Defendant suffered from the victim’s occupational negligence such as “infection fluor’s salt and tension” that requires approximately two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of traffic accident occurrence status prepared by E;
1. A survey report on actual conditions;
1. Photographs of an accident vehicle;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
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 (2) 3 and 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence, and a crime of violating the Road Traffic Act;
1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.