A defendant shall be punished by imprisonment for six 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 February 17, 2009, the Defendant issued a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act in the resident support area of the Daegu District Court on February 17, 2009, and a fine of KRW 3 million for the same crime in the Daegu District Court on February 16, 2012 and violated Article 44(1) of the Road Traffic Act at least twice.

피고인은 2012. 3. 27. 06:20경 자동차운전면허를 받지 아니하고, 혈중알콜농도 0.143%의 술에 취한 상태로 B 포터 화물차를 운전하여, 안동시 용상동에 있는 ‘남산 옛날 찐빵집’ 앞 편도 3차선 도로의 2차로를 법흥교 쪽에서 송천동 쪽을 향하여 진행하던 중, 전방주시를 소홀히 한 과실로, 위 화물차의 우측 부분으로 진행방향 우측에 정차하고 있던 C의 D 카니발 승합차의 좌측 후사경을 들이받아 위 승합차를 수리비 115,000원이 들도록 손괴하고도 즉시 정차하여 필요한 조치를 취하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against C;

1. Descriptions of the report on detection of the driver and the circumstantial observation report of the driver; and

1. Entry in the register of driver's licenses;

1. A statement in a written estimate;

1. Application of each Act or subordinate statute stated in an inquiry report, such as criminal records, and an investigation report (Attachment to a summary order of the same attached power);

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

(c) Point of a measure not taken after an accident: Articles 148 and 54 (1) of the Road Traffic Act;

2. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, and punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

3. Selection of each sentence of imprisonment;

4. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier.