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 a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On June 13, 2007, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act, etc., and the Defendant was sentenced to a suspended sentence of 3 million won for a violation of the Road Traffic Act at the Changwon District Court on January 16, 2017.

On November 1, 2020, the Defendant: (a) around 07:45, at the section of approximately 25 km from the influorial road located in Yongsan-gu, Changwon-si, Busan-si to the front road of the same Sijin-si; (b) was under the influence of alcohol concentration of at least 0.088% during blood, and driven a motor vehicle.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

2. The Defendant is a person who violates the Road Traffic Act (after-accident) and engages in driving of automobiles by obtaining a franchise.

Defendant 1 driven the said car while under the influence of alcohol level of 0.088% among blood transfusions at the time of the day set forth in the above paragraph 1, and led Defendant 1 to drive the said car at the speed of 0.08% and drive the road in front of the road leading to the access road to the intersection in the vicinity of the Southern East-gu, Changwon-gu, Seoul.

In such a case, despite the duty of care to prevent an accident by accurately operating the steering and steering gear of a person engaged in driving of a motor vehicle, the defendant was under the influence of alcohol and failed to take two times in front of the motor vehicle in front of the repair cost, and the above guard day was destroyed to damage the repair cost to the extent of KRW 1,197,900 and escaped without taking necessary measures.

Summary of Evidence

1. The Defendant’s legal statement D’s report on the occurrence of traffic accidents, the report on traffic accidents (1) the report on the circumstances of the driver at the State, and the notification of the results of regulating drinking driving.