A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[2018 Gohap 1424] The Defendant is a person engaged in B rocketing taxi driving service.

On June 15, 2018, around 13:25, the Defendant driven the cab while under the influence of alcohol content of 0.25% in blood, from a section of approximately 1 km to a “E bank” located in D located in a substantial area of Cheongju-si from the front day of Cheongju-si to the front day of Cheongju-si.

[2018 Highest 18 1823] On June 2, 2018, between 00:31 to 00:34, the Defendant: (a) laid down each item (the length of 180cm) which is a dangerous object of a H white light car owned by the victim G (22C) who was parked there, without any reason, under the influence of alcohol, and damaged the said passenger car windows, pans, driver’s seat, even door, etc. by KRW 4,854,872 at repair cost.

Summary of Evidence

[2018 Highest 1424]

1. Statement by the defendant in court;

1. A survey report on actual condition, a sand site, and vehicle photographs;

1. Response to a request for appraisal;

1. A report on the detection of a driver employed in the main place (2018 high group 1823);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Evidence photographs;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Traffic Act (the point of drinking alcohol), Articles 369 (1) and 366 of the Criminal Act (the point of special property damage) and the choice of imprisonment for each crime;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment determined for the crime of destroying any special property heavier than any punishment: Provided, That the lowest sentence of the punishment shall be determined for the crime of violating Road Traffic Act (driving)];

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant’s act of driving a vehicle with passengers aboard under the influence of alcohol; (b) the act of using dangerous objects carrying with him/her without any special motive causes a traffic accident; and (c) the crime is very poor; (d) the act of damaging another’s property is highly poor; (c) the degree of alcohol content is very high; (d) criminal punishment for the same kind of crime is higher; and (e) the risk of recidivism is high.