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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The accused is a person who is engaged in the driving of a substitute forest with less than 50CC in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the death or injury caused by dangerous driving, the violation of the Road Traffic Act and the violation of the Road Traffic Act;
On July 21, 2015, at around 12:40, the Defendant was under the influence of alcohol with 0.195 percent of blood alcohol concentration, and without a motorcycle driver's license, the Defendant continued to proceed with the national highways No. 1673, the Geumwon-gun, Geumwon-gun, Geumwon-gun, Gyeongsan-ro, No. 1673, 1673, from the west side.
At the same time, the driver of the vehicle has a duty of care to ensure and drive safety distance that can avoid the collision with the vehicle in front, as the vehicle in question is a child protection zone of one-lane and the vehicle in the same direction is being driven by the victim C(48) in the same direction.
Nevertheless, as above, the Defendant was negligent in driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and the Defendant took part of the left-hand loaded part of the motor vehicle with the front wheels of the motor vehicle in front of the motor vehicle. The Defendant suffered approximately two weeks of chills and tensions that require medical treatment to the victim.
2. The above Defendant is a holder of Orala in violation of the Guarantee of Automobile Accident Compensation Act.
The Defendant, at the above date and time and place, operated the foregoing Oral Ba without purchasing mandatory insurance.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and two reports;
1. Report on the results of crackdown on drinking driving and on the circumstances of drinking drivers;
1. Registers of driver's licenses and mandatory insurance;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 154 subparagraph 2, Articles 43, 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;
1. Articles 40 and 50 of the Criminal Code of Trade Competition.