A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[criminal power] On September 17, 2010, the Defendant received a summary order of KRW 2.5 million from the Suwon District Court to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act, a summary order of KRW 2 million for a crime of violation of the Road Traffic Act from the Suwon District Court on October 30, 2013, and a summary order of KRW 6 million from the Suwon District Court on October 7, 2015 to a fine of KRW 6 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

The Defendant is a person engaging in driving a motor vehicle B.

On July 21, 2020, at around 00:23, the Defendant driven the above vehicle while under the influence of alcohol with 0.149% of alcohol level, and led the 23 local highway located in Gyeongcheon-dong in Yongcheon-si to the south-do.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate steering the steering direction and brake system and to safely drive the motor vehicle by taking into account the right and the right and the right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in proceeding at the front direction of the Defendant’s driving of the Victim C (Nam, 51 years old) driving, which was proceeding in the front direction of the Defendant’s driving.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as brain, which requires two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of driving while driving a motor vehicle).