A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

On December 7, 2011, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Hongsung Branch of the Daejeon District Court on December 7, 201, and KRW 4 million for a fine for the same crime, etc. at the same court on April 17, 2013, and on August 20, 201, the Defendant was sentenced to a suspended sentence of KRW 8 months for the same crime, etc. at the same court on August 20, 2013. On October 15, 2019, the Defendant was sentenced to a suspended sentence of one year of imprisonment with labor for the same crime and on October 23, 2019, and the said judgment became final and conclusive on October 23, 2019.

피고인은 B XQ125 오토바이의 운전 업무에 종사하는 사람이다.

On April 3, 2020, at around 13:58, the Defendant was driving the Oral Ba in the state of alcohol concentration of 0.168% without a motorcycle driver's license, while driving the Oral Ba in the state of alcohol with the blood alcohol concentration of 0.168%, and driving it toward the port/Eup office on the side of the registry.

Since the place has a center line of yellow-ray, a person engaged in driving of a motor vehicle is obliged to thoroughly drive the motor vehicle in the front line and to safely drive the motor vehicle in compliance with the driver's license for the motor vehicle, and has a duty of care to safely drive the motor vehicle without a motorcycle driver's license for the motor vehicle.

그럼에도 불구하고 피고인은 이를 게을리 한 채 원동기장치자전거 운전면허를 받지 아니하고 술에 취한 상태에서 운전하던 중 깜빡 졸음에 취하여 그 곳에 설치된 황색실선의 중앙선을 침범하여 반대 차선으로 진행하게 된 과실로, 마침 맞은편에서 진행하던 피해자 E(남, 49세) 운전의 F 쏘나타 승용차의 앞 범퍼 부분을 위 오토바이의 앞부분으로 그대로 들이받았다.

As a result, the Defendant suffered injury to the victim, such as salt ties and tensions, which require approximately two weeks of medical treatment, due to such occupational negligence, and did not obtain a motorcycle driver's license.