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 December 6, 2006, the Defendant violated Article 44(1) of the Road Traffic Act twice as a person who was issued a summary order of a fine of KRW 2 million by the same court as the same crime in the case of a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s House on December 6, 2006, and a person who was issued a fine of KRW 2 million by the same court on April 20, 201.

[Criminal facts] The Defendant is a driver of CM5 vehicle.

On January 10, 2016, the Defendant driven the above vehicle while under the influence of alcohol of 0.210% in blood, and proceeded with the road of about 30 km in front of the unit apartment of Pyeongtaek-si, which is located in the non-driving of Pyeongtaek-si, from the parallel of Pyeongtaek-si, the Defendant driven the above vehicle under the influence of alcohol of 0.210% in his blood.

At all times, there was an intersection where signal lights are installed, so there was a duty of care to see the front side and safely drive the vehicle to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in stopping the signal waiting vehicle at the front of the Defendant, and the part of the back part of the victim D(35) driving EM5 passenger cars, which was under the influence of the Defendant, was driven by the Defendant as the front part of the passenger car of the Defendant.

Ultimately, the Defendant suffered injury, such as salt fats, etc., in need of treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant destroyed the victim’s car by using the back panion exchange, etc. so that the 602,829 won of the repair cost may go away without taking necessary measures, such as providing relief to the injured party by immediately stopping the vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A traffic accident investigation report, vehicle photograph, diagnostic certificate, written estimate, and written confirmation for hospitalized treatment;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Previous conviction: Application of two-yearly summary order of Acts and subordinate statutes;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes