A defendant shall be punished by imprisonment with prison labor for up to six months.

Of the facts charged in the instant case, the “property damage by occupational negligence” was caused.

Punishment of the crime

On October 30, 2015, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act in the Seo-gu District Court’s Branch Branch, and completed the execution of the said sentence in the Daegu Prison on April 28, 2016. On April 18, 2013, the Defendant was sentenced to a suspended sentence of two years for the same crime at the Daegu District Court’s Daegu District Court on April 18, 2013, and was in violation of Article 44(1) of the Road Traffic Act on at least two occasions.

On August 31, 2018, the Defendant driven a B-II truck with blood alcohol concentration of at least 0.195% while under the influence of alcohol without obtaining a driver's license on August 20, 2018, and driven a vehicle of approximately 20 meters toward the lower side of the Daegu Water-gu road.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement on the occurrence of D traffic accidents;

1. Report on the occurrence of a traffic accident;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Mandatory insurance policy (36 pages of evidence records);

1. On-site photographs;

1. Details of damage adjustment;

1. Previous records: Criminal records, prosecution investigation reports (Attachment to judgments of the same kind of suspect, etc.) and the application of statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, Article 43, Article 151, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was punished for drinking or driving without a license more than 10 times (including two times of suspended sentence and one suspended sentence), and most of all, three times after release on April 28, 2016 during the period of repeated crime for three years after release.