beta
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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] The defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of road traffic law at the Jung-gu District Court on April 23, 2008, and a fine of KRW 5 million for a crime of violation of road traffic law at the Seoul Northern District Court on July 13, 2015.
[Criminal facts]
1. The Defendant is a person who is engaged in driving a car in CSpo area.
On November 1, 2015, the Defendant driven the above car at around 05:30 on November 1, 2015, and proceeded one lane in front of the Do Government City of Gyeonggi-do to the head of the Ho-gu.
At night, it was not easy to secure the view at night, and at the right side of the road, the Fpoter freight cars owned by the victim E are parked on the right side of the road, so in such a case, a person engaged in driving a motor vehicle has a duty of care to look at the front side well and to operate the brake and steering gear properly.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle and received the back part of the above cargo vehicle to the right side of the vehicle of the Defendant.
As a result, the Defendant, while destroying and damaging damaged cargo vehicles in KRW 367,794 due to the above occupational negligence, failed to immediately lower the damaged cargo and failed to take necessary measures.
2. While the Defendant was under the influence of alcohol content of 0.173% in blood without a driver’s license on the above day, the Defendant driven a car with the above Spo-type T-type 2km from the front day of the 54 feet to the front road of the Sin-si, Gyeonggi-do Government to the citizens of the Gun-si, Gyeonggi-do to the front road of the Sin-ro road crossing.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A traffic accident report;
1. Notification of the results of crackdown on driving under drinking;