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

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

Punishment of the crime

On July 11, 2006, the Defendant received a summary order of KRW 700,000 from the Seoul Central District Court as a crime of violation of the Road Traffic Act, and on January 12, 201, the Defendant received a summary order of KRW 2.5 million from the same court on January 12, 201.

The defendant is a person who drives BMW vehicle.

On February 19, 2019, the Defendant was under the influence of alcohol of 0.11% in blood alcohol concentration at around 22:10, the Defendant driven the said vehicle before the exit of 364 Gangnam-gu Seoul, Gangnam-gu, Gangnam-gu, Gangnam-gu, Seoul, and led the Defendant to proceed to the direction of Gangnam-gu, bypassing it from the back road of the bank C.

At the time, a person engaged in driving service at night is not driving in a state where normal driving is difficult, such as a remote distance under the influence of alcohol, and there was a duty of care to thoroughly proceed with the front-distance.

Nevertheless, the Defendant neglected this, and caused the negligence of driving while under the influence of alcohol to the right side of the Defendant’s vehicle, which was driven by the victim D(the age of 59) driving at the four-lanes on the right side of the Defendant’s vehicle.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, caused the victim by negligence in the course of duty to suffer bodily injury, such as light dump, which requires treatment for about two weeks, and driving a motor vehicle under the influence of alcohol by a person who has violated Article 44(1) of the Road Traffic Act

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. An accident site photograph;

1. Papers of measurement records of drinking alcohol;

1. Statement of traffic accident;

1. Each medical certificate and investigation report (the report on confirmation of the victim's telephone statement);

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and summary orders under two Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act concerning criminal facts and the provision of the same Act concerning the punishment for the choice of punishment.