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

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

Punishment of the crime

[criminal history] On November 27, 2012, the Defendant received a summary order of KRW 1,00,000 from the Incheon District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking) and a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act at the Incheon District Court on September 18, 2017.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a car with the highest risk driving in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 25, 2018, the Defendant driven the said car under the influence of alcohol content of 0.123% during blood transfusion at around 23:00, and led to the flow of the road near Pyeongtaek-si C at the blurgside of Pyeongtaek-gu off.

At the time, since the vehicle is at night and is in a situation other than the vehicle at the front door, there was a duty of care to prevent the accident in advance by keeping the safety distance from the front side and the left side to the person engaged in driving of the vehicle, and safely proceeding with the vehicle in front.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and was in the front part of the victim D(32(S) driving, which driven the said car in the front section by negligence while driving the said car with red and walking without a clear distance, and was in the front part of the said car by the Defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered from the injury of the climatic base, the climatic base, and the climatic base in need of approximately two weeks of treatment.

2. On April 25, 2018, the Defendant violated the Road Traffic Act (drinking) by driving a vehicle with approximately 3km alcohol content from the 257-5 km to the roads near Pyeongtaek-si 257-5, Pyeongtaek-si 2018, thereby violating the provision prohibiting driving of drinking, even though he/she once or more, is under the influence of alcohol, by driving a vehicle with low alcohol content of about 0.123% in the section of approximately 3km from the 3km to the roads near Pyeongtaek-si C.