A defendant shall be punished by imprisonment for one year.

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

[Power of Violation of Article 44(1) of the Road Traffic Act] The Defendant was issued a summary order of KRW 2 million at the Gwangju District Court on February 26, 2010, by a fine of KRW 2 million for a crime of violation of the Road Traffic Act. On February 24, 2016, the Defendant was subject to a disposition of suspension of indictment at the Gwangju District Prosecutors' Office for the same crime, and Article 148-2(1) of the Road Traffic Act punishs “persons who violate Article 44(1) or (2) not less than twice”. This is, as it is, punishing those who violate Article 44(1) or (2) of the Road Traffic Act, and it does not require a sentence of punishment or a final

(See Supreme Court Decision 2018Do11378 Decided November 15, 2018 (see, e.g., Supreme Court Decision 2018Do11378). On July 22, 2016, Gwangju District Court issued a summary order of KRW 6 million for the same offense, etc.

【Criminal Facts】

The defendant is a person who is engaged in driving a levir vehicle B.

On November 7, 2019, at around 23:05, the Defendant driven the said car with a blood alcohol concentration of 0.092% and proceeded at a speed of two-lanes in the direction of the white road of Gwangju Dong-gu in the white road of 175-ro “Seoul Mine-ro”, a white road of 175-ro.

In this case, the defendant engaged in driving service has a duty of care to care in advance by properly using a steering gear and a steering gear in a clear mind.

Nevertheless, the Defendant, due to negligence of driving a vehicle while under the influence of alcohol, left the vehicle line from the two-lanes to the one-lanes in the two-lanes of the above high-priced hub road section, and was owned by the victim D who driven the one-lane prior to the end of the bus operation operated by E and damaged the Defendant’s front part of the driver’s seat of the car driven by using the front part of the car driven by E and damaged the said cruise car to have an amount equivalent to KRW 1,626,40,00, such as the exchange of the front one, and thereby, does not take necessary measures, such as aiding the victim.