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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On July 12, 2013, the Defendant was sentenced to six months of imprisonment for violating the Road Traffic Act (drinking driving), etc. at the Suwon Franchisor method center on January 9, 2014, and the execution of the sentence was terminated at the Suwon Nwon detention center on January 9, 2014, and is engaged in driving of Bchis XG automobiles.
On January 1, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.119% during blood transfusion around 01:27, and got to turn to the left from the head of the above head of the household distance, when driving the vehicle in front of the “Dhop” located in Suwon-si C at Suwon-si.
In such a case, the Defendant, who is engaged in driving a motor vehicle, was negligent due to the negligence of neglecting the duty of care to clearly see the front side and accurately operate the steering and steering devices of the motor vehicle, and due to the negligence of neglecting to do so, the part of the victim E, who was parked on the road, left behind the left side of the motor vehicle owned by the victim E, which was parked on the right side of the said motor vehicle. In the “Hwa Holdings” parking lot located in the same Gu, the part of the lower part of the cargo container stops installed at the right side of the motor vehicle of the Defendant was received.
Defendant 1’s negligence caused damage to KRW 692,052 to repair costs by using the above low-priced passenger car exchange, etc., and did not immediately stop the said simplified container stuff with the repair cost of KRW 1,322,000 while destroying the said simplified container stuff, and did not take necessary measures.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of E and I;
1. A report on the detection of a primary driver;
1. Written estimate;
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and attachment of written judgments), such as criminal history;
1. Relevant Article of the Act and Articles 148 and 54(1) of the Road Traffic Act (the occupation of any measure that is not taken after an accident), Article 148-2(2)2 of the Road Traffic Act (the occupation of drinking) and the selection of imprisonment for a crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes;