Text
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.
Reasons
Punishment of the crime
1. Around 07:00 on August 12, 2013, the Defendant was driving C Tradon XG car at a level of about 100 meters of alcohol with a blood alcohol concentration of about 0.221% from the 100 meters away from the alleyway to the front day of the rithm of the Goyang-gu, Seoyang-gu, Seoyang-si, Gyeonggi-do.
2. The Defendant is a person engaging in driving service of CtraXG cars.
On August 12, 2013, at around 07:00, the Defendant driven the said car while under the influence of alcohol of 0.221%, and led to the left-hand turn-hand turn-on of the two-lanes in front of the telecompanion distance in the Sinsan-gu Busan Metropolitan City, Seoyang-gu, Seoyang-gu, Gyeonggi-do.
The Defendant, while under the influence of alcohol, failed to properly operate the steering gear and left-hand turn on the left-hand side, was driven by D, which was parked on the left-hand side of the running direction by negligence, and received the back-wheel part of the left-hand side of the rocketing taxi from the Defendant’s driving.
Ultimately, the Defendant did not immediately stop and take necessary measures while destroying the said rocketing taxi with a repair cost of KRW 1,347,452.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Written statements of D;
1. A traffic accident report;
1. On-site and vehicle photographs;
1. Track images;
1. A report and circumstantial report on detection of a host driver;
1. Application of the written estimate statutes;
1. Relevant provisions of Article 148, 54 (1), 148-2 (2) 1, and 44 (1) of the Road Traffic Act concerning criminal facts, the choice of imprisonment with prison labor, or the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision);
1. Social services and.