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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is the owner of the Bunst passenger car, who is engaged in driving the said car.
On September 13, 2013, the Defendant was under the influence of alcohol with 0.209% of blood alcohol concentration around 22:30 on September 13, 2013, while driving the said car that was not mandatory insurance, and driving the said car in front of the restaurant located in Kimhae-si C, Kimhae-si, the Defendant proceeded at an insular speed.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to check and drive the course safety by checking well the front left left.
Nevertheless, the Defendant’s negligence of driving a motor vehicle under the influence of alcohol while neglecting this, and caused the damage to each of the above BM passenger vehicles to consist of KRW 11,200,000,000 in total for repair costs, by taking in turn, the part concerning the front part of the FW truck and the left part of the HMW motor vehicle owned by the victim E, who was parked near the above FW truck, and the part concerning the left part of the HMW motor vehicle owned by the victim G.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Act No. 2-4, 7, 11-14 to the evidence list submitted by the prosecutor
1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes of violation of each Road Traffic Act at the time of marketing);
1. Selection of a sentence, violation of the Road Traffic Act, violation of the Guarantee of Automobile Accident Compensation Act, and imprisonment without prison labor, for a violation of the Road Traffic Act;
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;