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A defendant shall be punished by imprisonment for not less than eight months.
except that 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
The defendant is a person who is engaged in driving a Bsch Rexton car.
1. On June 9, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while driving the said vehicle under the influence of alcohol content of 0.104%, and driving the said vehicle on the wall edge purchase rate of 0.104%, leading the two-lane road in front of the camping-dong located at the wall edge purchase rate of Gyeongbuk-gun, Seongbuk-gun.
Although a person engaged in the driving of a motor vehicle has a duty of care to drive a motor vehicle safely by driving the brake system accurately, etc., the defendant, while under the influence of alcohol, by negligence while driving the motor vehicle while neglecting such duty of care, caused the above motor vehicle to be faced with the boundary of the side of the opposite side line by breaking the center line, and the motor vehicle is transferred beyond the road.
Ultimately, the Defendant suffered injury to the victim C (the age of 30) who was on the back seat of the Defendant’s vehicle due to occupational negligence as seen above, for about 12 weeks of medical treatment.
2. Violation of the Road Traffic Act (unlicensed Driving) and the Road Traffic Act (driving without a license) were driven by the Defendant under the influence of alcohol with a blood alcohol concentration of about 0.104% at the 16km section of approximately 16km away from the place where the said paragraph (1) accident occurred on the roads near the Geum-gun, Gung-gun, Gung-gun, without a driver’s license for the said paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, 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 concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of penalty;