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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On September 11, 2014, the Defendant was sentenced to a fine of one million won at the Seoul Central District Court for a violation of the Road Traffic Act (unlicensed Driving) and three times the same criminal records.
【Criminal Facts】
The defendant is a person who is engaged in driving a B-to-car.
On December 19, 2014, at around 23:45, the Defendant, while under the influence of alcohol of 0.151% of the blood alcohol concentration without obtaining the driver’s license, was driven by a vehicle in front of the bus stops at the pressure-driven bus stops in Gangnam-gu, Seoul, Seoul, the Defendant driven the said low-water vehicle along the three-lanes of the said three-lanes from the galgalsian department store to the south intersection of the galsular intersection.
At the same time, it was difficult for the victim C(the age of 44) to stop the snow, and in the same direction it was followed by DK 5-si operated by the victim C(the age of 44). Therefore, the person engaged in driving service had a duty of care to maintain the safety distance and prevent the accident by putting the front door on the driver.
Nevertheless, the Defendant neglected to do so and neglected to perform the duty of ex officio, and thereby neglected to do so, received the victim C driver’s above-mentioned taxi backer from the above-mentioned taxi.
As a result, the Defendant driven the said low-pollution vehicle in a situation where it is difficult to drive the vehicle normally due to influence of drinking, and suffered injury to the victim E (the victim E (the 26-year old-age), who was on the said taxi, for about two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement E and C;
1. A traffic accident actual condition survey report and a traffic accident occurrence report;
1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes of a medical certificate;
1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.