A defendant shall be punished by imprisonment for a term of one year and four months.

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 July 24, 2014, the Defendant was sentenced to a fine of KRW 3 million by the Incheon District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

The Defendant is a person who is engaged in driving a K5-car.

On July 28, 2019, at around 06:05, the Defendant driven the said car while under the influence of alcohol level of 0.211% in Seoul, the outer circular Highway 89.6km in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and led the Defendant to drive the said car along the four-lanes from the surface of the TIC to the head of the water bank.

A driver of a motor vehicle has a duty of care to prevent accidents in advance by safely changing the lane by checking whether there is a vehicle driving in the lane intended to change the lane and notifying the direction in advance.

Nevertheless, the Defendant neglected this and thereby changed the lane to three-lanes due to occupational negligence, which was driven by the injured party C (Nam, 39 years old) who was driving in three-lanes, and was driven by the injured party C (Nam, and 39 years old). The Defendant received the pent part back to the right side of the car and received the pent part as the front side of the car of the Defendant.

In the end, the Defendant driven the Defendant’s car in a situation where normal driving is difficult due to influence of drinking, resulting in the Defendant’s injury to the victim, such as salt pans, tensions, etc. in need of treatment for about three weeks, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual condition, field map of traffic accident, notification on the results of the control of drinking driving, and a report on the actual state of drinking drivers;

1. A medical certificate;

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes on the confirmation of criminal records of the same kind;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (1) and Article 44 of the Road Traffic Act.