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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
On December 29, 2010, the Defendant was sentenced to six months of imprisonment and one year of suspended execution due to a violation of road traffic laws at the Changwon District Court on December 29, 2010. On January 20, 2012, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to the same crime in the same court. On March 31, 2016, the Defendant appealed after being sentenced to six months of imprisonment with prison labor for the same crime and filed an appeal at the same court and is currently in the trial of the appellate court.
1. The Defendant is a person who is engaged in driving a B EF rocketing car.
On February 13, 2016, the defendant driven the above car at around 18:55, and led to the proceeding of the new village bridge in the eth-dong, Kimhae-si.
There is a duty of care to prevent accidents by accurately manipulating the steering and brakes to those who drive a motor vehicle in a place where no center line is installed, while the driver has a duty of care to prevent accidents.
Nevertheless, the Defendant neglected to operate the steering gear and received a part of the back door on the left side of the Defendant’s car from G Aburged car operated by the Victim F, who was driven by the Defendant F, due to negligent negligence in operating the steering gear.
Ultimately, the Defendant, by the foregoing occupational negligence, destroyed the hurged car so as to cover the repairing cost of KRW 886,54, such as the hurged car, and escaped without immediately stopping and taking necessary measures.
2. Around 18:55 on February 13, 2016, the Defendant driven a BF rocketing car under the influence of alcohol with approximately 500 meters alcohol concentration 0.134% without obtaining a driver’s license from a section of about 500 meters from the road in front of a capital reduction in the upper right side of the city of Kimhae-si to the new bridge in the same side.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A survey report on actual conditions;
1. Notification of the results of regulating drinking driving;
1. Inquiries into the results of the crackdown on driving under drinking;