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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On December 5, 2008, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Gwangju District Court, and a summary order of KRW 2 million as a fine in the same court on April 19, 2016.
The defendant is a person who is engaged in driving a car 300C.
On May 2, 2016, the Defendant driven the above vehicle while under the influence of alcohol of 0.110% without a driver's license on May 22, 2016, and driven the front road in Gwangju Mine-gu E along the direction of Sodong Apartment apartment by gathering the front road from the side of the Mine Police Station.
In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving the steering system, such as making it possible for him/her to live well on the right and the right and the right of the way, and accurately operating the steering system.
Nevertheless, under the influence of alcohol, the Defendant was in the front part of the H cargo vehicle 300C driving by the victim G(the age of 44) with the negligence of driving the vehicle while neglecting it.
As a result, the Defendant suffered salt, tensions, etc. from the victim due to the above occupational negligence for about two weeks.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of a witness I;
1. The police statement concerning G;
1. A traffic accident report;
1. A medical certificate;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Supreme Court Decision: criminal records and the defendant asserts that since he did not receive an opportunity to dumpate with water at the time of measuring sobage, the above blood alcohol concentration cannot be recognized.
However, police officers I, who conducted a drinking test to the defendant at the time, have been equipped with the water to be used for the drinking test at the patrol vehicle, and have the defendant be given water at the time of the drinking test.