A defendant shall be punished by imprisonment for one year.

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 October 12, 2012, the Defendant issued a summary order of KRW 5 million to a fine of KRW 5 million in violation of the Road Traffic Act at the Suwon District Court on the grounds of a violation of the Road Traffic Act, and on September 5, 2013, at the same court on September 5, 2013, the Defendant committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions as a person with a total of four occasions of imprisonment with labor for the same crime.

[Criminal facts] The Defendant is a driver of a passenger car in B SP.

On February 28, 2017, the Defendant driven the above-mentioned vehicle while under the influence of alcohol 0.170% during blood transfusions on February 19:25, 2017, and driven the three-lane road in front of Pyeongtaek-si C at a non-speed speed from the direction on the side on which he/she became aware of it.

At this point, there was a tri-distance intersection where signal lights are installed, so there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle with a view to driving the motor vehicle in front and safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in stopping at the front of the Defendant’s vehicle, and the part of the victim D (V, 54 years old) driving or the part of the back of the passenger vehicle was driven by the Defendant as the front part of the passenger vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The survey report on actual condition, the report on the occurrence of a traffic accident, the notification of the results of regulating drinking driving, the appraisal report on alcohol during blood, and the medical certificate;

1. Application of Acts and subordinate statutes, such as inquiries about criminal history, text of judgment, etc.;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.