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A defendant shall be punished by imprisonment for not more than ten 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 March 21, 2013, the Defendant, without a driver’s license on March 21, 2013, while under the influence of alcohol by 0.073% of blood alcohol concentration, while driving a Category B rocketing car, and turn to the horse-free market from the direction of the charge station in Gwangju Northernbuk-gu to the horse-free market. At night at that time, the Defendant was negligent in performing the duty of care to safely drive under the new subparagraph on the opposite lane due to the negligence of driving the victim C (51 years old) (51) driving, which was left behind the left side of the driver’s seat in front of the passenger’s car driving seat.
Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, for about two weeks in need of treatment due to negligence in the above business.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. A medical certificate;
1. The actual condition survey report and photographs of the accident site;
1. Report on circumstantial statements and driver's license register;
1. Application of Acts and subordinate statutes to a report on investigation (82 pages of investigation records);
1. Article 3 (1), the proviso to Article 3 (2) 1, 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 Article 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 Concurrent Crimes;
1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the remaining crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 38 (2) and 50 of the same Act for the increase of concurrent crimes;
1. Article 62(1) of the suspended sentence of the Criminal Act provides that the Defendant not only drinking or without a license at the time of the accident but also violated the signal, and the Defendant is drinking or driving without a license.
In addition, there are two or more records of suspended execution due to traffic accidents.