A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

[criminal history] On November 26, 2013, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (dacting driving) at the Busan District Court, and on June 3, 2014, with a fine of KRW 3 million due to a violation of the Road Traffic Act (dacting driving) at the Busan District Court’s Dong Branch Branch.

[Criminal facts]

1. The Defendant is a person who has violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (Egress after accidents).

On December 2, 2015, the Defendant driven the said car under the influence of alcohol level of 0.158% among blood alcohol level around 22:50 on December 2, 2015, and proceeded at a speed of about 40 km per hour at a speed of about 40 km from the tunnel 1 to the high-speed gate in the vicinity of E in Busan East-dong hot Spring Port D.

At the time, there is a night and a place where the center line of the yellow-line is installed, so in such a case, there was a duty of care to ensure that a person engaged in the driving of the motor vehicle thoroughly takes the front-time stage and safely operates the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and caused the negligence of the Defendant’s driving along the center line to the opposite direction of the Defendant’s proceeding. However, the part of the victim F.F.(48)’s Gsan-gu car left side was shocked by the lower part prior to the left side of the said car.

Ultimately, the Defendant suffered injury to the victim, such as light salt in need of medical treatment for about two weeks due to the above occupational negligence, and at the same time escaped without taking necessary measures for dealing with the accident, such as immediately stopping the vehicle and saving the damaged person, even though the Defendant damaged the car to be in excess of KRW 1,445,498.

2. The Defendant, as above, violated Article 44(1) of the Road Traffic Act on at least two occasions, and again, is located in the Busan East-gu Hot Spring Port on December 22, 2015, around December 22, 2015.