A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

The Defendant is a person who is engaged in driving the C Poter, Spos, Spos, and to capsf trucks.

On March 24, 2013, at around 12:30, the Defendant was under the influence of alcohol with 0.120% of blood alcohol concentration. On March 24, 2013, the Defendant driving of the foregoing cargo vehicle not covered by mandatory insurance, and then, at the time of Ycheon-si, the first road of the fishery pharmacy located in the fishery area was under the speed of 0.120% from the side of the fishery area to the fishery elementary school.

At that time, since the defendant is driving a vehicle with many vehicles parked and stopped on the side of a road and with a large size of a vehicle located in a narrow road area, the defendant, who is engaged in driving, has a duty of care to prevent the occurrence of an accident that meets the needs to prevent the occurrence of a vehicle that gets on the side of a road by thoroughly carrying out the front-way vision while driving it.

Nevertheless, the Defendant neglected to do so and did not thoroughly go on the front left, and received the back gate part of the Ecarren car owned by the victim D, which was standing on the road due to the negligence in the course of business, and received the back gate part of the Ecarren car driving on the road.

Ultimately, the Defendant damaged the car car owned by the victim due to the above occupational negligence to the extent that the repairing cost of KRW 1,089,076, such as the exchange of the said car with fences, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of mandatory insurance policies, traffic accident reports, photographs at the scene of an accident, reports on detection of the driver involved, circumstantial statements of the driver involved, and written estimates and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that choose a punishment (the main driving, the choice of imprisonment), Article 151 of the Road Traffic Act (the occupation of causing damage to property by negligence and the choice of a imprisonment without prison labor), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the occupation of mandatory insurance and the choice of imprisonment);

1. The Criminal Act among concurrent crimes.