Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On August 20, 2015, the Defendant was sentenced to eight months of imprisonment by the Incheon District Court due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. and completed the execution of the sentence on December 21, 2015 at the Incheon Detention Center.
[Criminal facts]
1. On June 15, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) caused the injury of the victim D (13 tax) who was walking on the front side of the same wheeledon by negligence in the course of his/her duties, when he/she neglected to perform his/her duty of 0.105% of alcohol concentration in the blood while driving a two-wheeledon without a number plate around 20:20, and driving the front road of Michuhol-gu Incheon Metropolitan City from the direction of the luminous apartment, and driving it toward the monthly c, from the direction of the luminous apartment, caused the victim to suffer the injury of the victim, such as the d (13 tax) base and tension in need of a two-day medical treatment.
2. Violation of the Road Traffic Act (drinking) and violation of the Road Traffic Act (drinking without a license) were driven by the Defendant under the influence of alcohol with 0.105% alcohol concentration in blood without obtaining a motor device bicycle license at a time and time as set forth in paragraph 1.
3. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the two-wheeled Ba, which was not covered by mandatory insurance at a temporary place, such as Paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A report on the occurrence of a traffic accident and a report on a traffic accident;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Place and photograph of the accident;
1. The driver's license ledger;
1. A medical certificate;
1. Investigation report (report on confirmation of non- mandatory insurance policy);
1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (the same criminal record and confirmation of repeated crime) and personal use status and text of judgment, such as criminal history;
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso of Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and the occupation of work) and Article 46(2) of the Guarantee of Automobile Compensation Act.