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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 of the final judgment.
Reasons
Punishment of the crime
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, Violation of the Road Traffic Act, and Violation of the Road Traffic Act (Driving without a license) is a person engaged in driving C 125cc otobane, and the Defendant driven the above obane with a blood alcohol concentration of 0.076% under the influence of alcohol at around 04:35 September 1, 2013, while driving the above obane with a blood alcohol content of 0.076% under the influence of alcohol without a motorcycle license, and driven the two-lanes of the two-lanes of the two-lanes of the two-lane distance crossing from the direction of the obridge.
피고인은 동승자를 태우고 우회전하게 되었으므로, 자동차의 운전 업무에 종사하는 사람은 조향 및 제동장치를 정확하게 조작하고 미리 속도를 조절하는 등 안전하게 진행하여야 할 업무상 주의의무가 있음에도 이를 게을리한 채 위와 같이 술에 취한 상태에서 그대로 진행하여, 때마침 우아아파트 방면으로 정상 진행중인 D 쏘나타 승용차를 발견하고 피하기 위하여 급히 핸들을 우측으로 틀면서 브레이크를 급조작하여 오토바이가 중심을 잃고 쓰러지면서 피고인과 피고인 오토바이 동승자인 피해자 E(여, 22세)이 튕겨져 떨어졌다.
Ultimately, the Defendant suffered serious injury to the victim E due to the above occupational negligence for about 20 weeks of medical treatment.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) the owner of Oral Ba, and (b) the Defendant operated an Oral Ba which was not covered by mandatory insurance on the road but did not have mandatory insurance at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to F and E by the police;
1. A traffic accident actual condition survey report and on-site photographs;
1. A report on detection of a host driver;
1. Disqualified meeting and certificate of transfer of a driver's license;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant legal provisions concerning criminal facts and special cases concerning the settlement of traffic accidents;