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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
On February 26, 2009, the Defendant received a summary order of KRW 3 million from the Daegu District Court Branch of the Daegu District Court due to the violation of the Road Traffic Act (hereinafter referred to as the “Food Driving”). On December 12, 2013, the Defendant received a fine of KRW 3 million due to the violation of the Road Traffic Act (hereinafter referred to as the “Food Driving”).
The Defendant is a person engaged in driving freight B and B.
On July 7, 2015, at around 20:0, the Defendant driven the above cargo vehicle without obtaining a driver's license with a blood alcohol concentration of 0.136% while under the influence of alcohol at around 0:0,00, and led the vehicle to the low-carbon outflow from the surface of the 1st office of the Corporation.
At the same time, there was a duty of care to prevent accidents by accurately manipulating the operation and steering gear, and to prevent them from occurring in the event of night.
Nevertheless, the Defendant neglected to perform his duty at the time of the discharge and was negligent in proceeding as it was, before the Defendant’s proceeding, responsible for the part concerning the part concerning the back of the victim C(the age of 63) who was parked in front of the Defendant’s direction.
Ultimately, the Defendant suffered from the victim’s injury to the bodily integrity of the two sides, which requires approximately three weeks of treatment due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A traffic accident report, a report on the actual state of a driver, a photograph of each accident site, a survey report on actual state, and the register of driver's licenses;
1. A medical certificate;
1. The application of Acts and subordinate statutes to inquiry reports on criminal records, investigation reports (report on criminal records of the same kind and attachment of written judgments of the suspect);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of without a license), Article 3 (1), the proviso of Article 3 (2) 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts.