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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal history] On July 7, 2010, the Defendant was issued a summary order of 1,500,000 won, which is sentenced to a fine for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court, on June 4, 2013, the Defendant was issued a summary order of 3,50,000 won, which is sentenced to a fine of 3,50,000 won due to a violation of the Road Traffic Act (driving) at the Seoul Western District Court, and on April 24, 2018, the Seoul Southern District Court was sentenced to imprisonment of 10 months and 2 years of suspension of execution and became final and conclusive on May 2, 2018.
[Criminal facts]
1. Around 03:30 on June 12, 2018, the Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) driven BAD A4 car while under the influence of alcohol concentration of 0.174% without a driver’s license, and driven the road of one lane 131-Do, Yeongdeungpo-gu, Seoul Metropolitan City, Yangsan-ro 131-do from the side of the C market to the Youngpo-gu Office.
In such cases, the driver of a motor vehicle has a duty of care to properly see the front side and the left side and accurately manipulate the steering and brake system and prevent the accident in advance.
Nevertheless, under the influence of alcohol, the Defendant, while neglecting the above duty of care, went to the right side of the vehicle owned by the victim D, parked in front of the right side of the vehicle driving by the Defendant, without taking necessary measures, even though the Defendant destroyed the above rocketing car to damage its repair cost of KRW 400,000,000.
2. The Defendant was punished twice or more for violating the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving) as above, and the Defendant was under the influence of 0.174% of alcohol while under the influence of alcohol while under the influence of 0.174% from the front of Yeongdeungpo-gu Seoul Metropolitan City to the front of the Seoul Special Metropolitan City G G road at a about 8km section from the day set forth in paragraph (1) of this Article without a driver’s license.