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.

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On April 5, 2015, at around 23:40, the Defendant driven the said car without mandatory insurance with a blood alcohol concentration of 0.201% 0.20%, and led to the road of one-lane in front of the Edial Zone D located in Chungcheongnam-nam Budget Zone to the direction of the new funeral distance from the edge of the new funeral hall.

At the same time, the victim F was parked on the side of the road, and thus, the driver of the vehicle had a duty of care to prevent accidents by thoroughly operating the steering time and accurately operating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so at the front of the instant rocketing passenger vehicle with the front wheel of the said rocketing passenger vehicle as the front wheeler part of the said rocketing passenger vehicle.

Ultimately, the Defendant destroyed the repair cost of KRW 789,281, such as the exchange of a victim-owned Mart Motor Vehicle by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a actual investigation report on a traffic accident;

1. Statement on the actual state of a drinking driver, and written appraisal of blood alcohol;

1. Certificates of inquiries into licenses, chassiss, and mandatory insurance;

1. Application of the written estimate for automobile maintenance;

1. Relevant Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of driving cars not covered by mandatory insurance, the choice of imprisonment), Article 151 of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation of punishment: (a) the accused’s confession and confession is contrary to Article 53 and Article 55(1)3 of the Criminal Act; (b) the accused has no criminal record of suspended execution or more; and (c) the accused has agreed with the victim.