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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is the driver of Bhuju 125CC motorcycle.
On October 30, 2014, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.167% on October 30, 2014, without obtaining a motorcycle driver’s license, driven the said motorcycle, and led the Defendant to drive the said motorcycle, one way ahead of 77, 1-gil, 77, Yancheon-gu, Yancheon-gu, Yancheon-gu, Yancheon-gu, by driving it toward the flow lane from the direction of the reservoir.
At the time, night was and the width was narrow, so a person engaged in driving of a motorcycle has a duty of care to prevent accidents by safely driving the front door and the right and the right.
Nevertheless, under the influence of alcohol, the Defendant did not find out the victim C (here, 86 years old) who was faced with the edge of the above road due to negligence while neglecting this, and did not get the body of the victim to go beyond the body of the victim in front of the above motorcycle.
Ultimately, at around 00:25 on October 31, 2014, the Defendant caused the victim’s death by the foregoing occupational negligence, from the Macheon National University Hospital located in the 1,000-dong-gu Mancheon-gu Mancheon-gu 31-ro Mancheon-gu, Mancheon-gu.
2. On December 1, 2006, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) by issuing a summary order of KRW 1 million for the crimes of violating the Road Traffic Act (driving without a license) at the Yanan District Court in the Daejeon District Court of Daejeon on September 16, 2009. On September 16, 2009, the same court issued a summary order of KRW 3 million for the crimes of violating the Road Traffic Act (driving without a license) and violated Article 44(1) of the Road Traffic Act two times or more, and driving a motorcycle under the influence of alcohol concentration of blood at the date and time as mentioned in the above paragraph (1) of the same Article without obtaining a motorcycle driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. D. D.