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

except that 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

On November 7, 2014, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Daegu District Court’s Port Branch.

1. The Defendant is a person who is engaged in driving a vehicle B with the intention to drive the vehicle B;

On October 20, 2019, at around 02:15, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.086% 0.086%, and the Defendant was operating the said vehicle on the front right-only road of the Daegu City/Sgu C in the direction of the pene-distance.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and the steering gear and accurately.

Nevertheless, the Defendant, while drinking, was driven by the victim D(the age of 46) who was parked in the front section of the vehicle driven by negligence while neglecting his duty at the front section of the vehicle in which the Defendant was driving.

Ultimately, the Defendant suffered injury to the victim due to the occupational negligence above, such as Dam tymphal tymposis, which requires treatment for about three weeks.

2. Although the Defendant had been punished for a violation of the Road Traffic Act (driving) as above, the Defendant driven a balon car with a blood alcohol concentration of about 0.086% at the section of about 500 meters from the 02:00 on October 20, 2019 to the 0.086% from the 50-lane, Seogu, Seogu, Daegu-gu, Seoul-gu, while driving the balon car under the influence of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report and photographs of the accident site;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and investigation report (the details of the re-measurement, etc.);

1. A medical certificate;

1. Previous records of judgment: Application of criminal history records, investigation reports (attached to the previous records and summary order);

1. Relevant Article of the Acts concerning facts constituting an offense and the Act on Special Cases concerning Settlement of Traffic Accidents: