A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for two years and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person who is engaged in driving the B-learning passenger car.

On February 24, 2018, the Defendant was under the influence of alcohol with 0.115% of alcohol during blood transfusions, and it was difficult for the Defendant to drive the said car normally due to the influence of alcohol, such as the two-way distance and the two-way road, but was under the course of driving the said car at the 109 Young-si, Seocheon-si, the 109 Young-si from the 109 Young-si, the same historical distance room.

Since the location is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to properly operate the steering direction and brake system and to prevent accidents by safely driving the motor vehicle in accordance with traffic signals.

Nevertheless, the Defendant neglected to drive a car under the influence of alcohol and neglected to do so while making it difficult for the Defendant to drive the car at a right-hand turn on the opposite lane due to a sudden negligence in violation of the stop signal, and received the front part of the driving car of the victim C(W, 34 years old) driving as the front part of the Defendant’s driving car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. On February 14, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Incheon District Court on February 14, 2008, and a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on September 30, 2008.

On February 24, 2018, the Defendant driven the said car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.115% from the section of approximately 500 meters to the site where the accident described in paragraph 1 is located in Bupyeong-si, Seocheon-si.

Accordingly, the defendant has violated the prohibition of driving under the influence of alcohol not less than twice.