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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).
On August 3, 2019, the Defendant driven the above vehicle under the influence of 0.134% of blood alcohol concentration without obtaining a driver’s license on August 21, 2019, and changed the lane from Gwangju Mine-gu to four lanes under the influence of alcohol while driving the said vehicle from Gwangju to D University at three-lanes. On the other hand, the Defendant suffered injury to the victim E, who is the passenger of the damaged vehicle, such as the right-hand part of the victim E (35 years old) driving that was driven at the same four-lane, due to the influence of alcohol, and suffered injury to the victim E, who is the passenger of the damaged vehicle, for about two weeks, requiring a two-day medical treatment.
2. On October 20, 2006, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court on October 20, 2006 and received a summary order of KRW 4 million as a fine in the same court on October 29, 2014.
On August 3, 2019, the Defendant, without obtaining a driver's license on August 21, 2019, driven a B-to-land car from approximately 10km to the 10km road in the vicinity of the Seo-gu Gwangju H apartment, in the state of drinking of 0.134% of blood alcohol level without obtaining a driver's license.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time driving without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A traffic accident report;
1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;
1. The register of driver's licenses;
1. Each written diagnosis;
1. On-site photographs;