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(영문) 대전지방법원서산지원 2020.10.15 2018고단1285
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Justice] On October 30, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for an injury at the Incheon District Court on April 3, 2016, and completed the execution of the sentence at the Ansan Prison on April 3, 2016. On September 8, 2016, the Daejeon District Court rendered a sentence of imprisonment with prison labor for special robbery on September 29, 2017 and completed the execution of the sentence at the Daejeon Prison on November 29, 2017.

【Criminal Facts】

"2018 Highest 1285"

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a B body-wide car.

At around 01:00 on August 17, 2018, the Defendant, without obtaining a driver's license under the influence of alcohol level of 0.181%, was driving the said body-man car in front of the D convenience store located in Seosan City, Seosan City, to drive the said body-man car in the direction of Era.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol, and he/she shall not drive a motor vehicle without obtaining a driver's license, and there was a duty of care to prevent accidents by driving a motor vehicle, such as driving on the front side, driving on the left, and accurately operating the steering and brake system

Nevertheless, under the influence of alcohol, the Defendant: (a) destroyed the above rocketing vehicle by shocking the left-hand side of the GFrocketing, which was owned by the victim F, who was parked near the vehicle due to negligence; and (b) continuously damaged the said car by shocking the left-hand side of the vehicle owned by the victim H to the front side of the vehicle; and (c) continuously destroying the said car to have the repair cost of KRW 1,532,000,000, in excess of the repair cost of KRW 1,532,000, the damage was made to the left-hand side of the vehicle owned by the victim; and (d) contacted the other two-wheeled vehicle by contact the other than the instant case with the two-wheeled vehicle, and then the two-wheeled vehicle was destroyed by shocking the right-hand side of the KFrocketing car, which is owned by the victimJ, to have an amount of KRW 1,010,00

2. On August 17, 2018, the Defendant is under the influence of alcohol by 0.181% of blood alcohol concentration around 01:00.

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