A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 23, 2015, the Defendant is a person who is engaged in driving the Poter Cargo. On August 23, 2015, the Defendant driving the Poter Cargo with the blood alcohol level of 0.143% under the influence of alcohol level without obtaining a driver’s license on August 17, 2015, and was driving the said Poter at the speed of 0.143%, and was driving at the speed of 0.143% in the opening of the Poter-gun, Yancheon-gun, Yancheon-gun, Yancheon-gun, the Defendant sustained injury, such as an unknown brain in detail, which was driven by the victim C (the age of 64) who was on the left side of the Poter-lane in the direction of running the Poter-do under the influence of alcohol level of about 30km at the speed of the opening and opening of the Poter-do office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The report on traffic accident (i.e., the actual survey report);

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1), the proviso to Article 3 (2) 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) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment without prison labor or imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The basic area (4 to 10 months) of the type 1 of general traffic accident (special mitigation) (special mitigation) / In a case where illegality in the proviso of Article 3(2) of the School Specialized Law is serious (the decision of sentence], the defendant is sentenced to a fine due to drunk driving and driving without a license.