A defendant shall be punished by imprisonment for not less than one year and six 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 history] On July 4, 2014, the Defendant was issued a summary order of KRW 7 million due to a violation of road traffic law (dacting driving) in the Changwon District Court’s Chang-gu branch branch.

[Criminal facts]

1. The defendant is a person who is engaged in driving service of B Poter cargo vehicles.

On October 11, 2020, the Defendant, without obtaining a driver's license of a motor vehicle on around 18:40 on October 11, 2020, proceeded into a two-lane road of Gyeongnam-gun, Gyeongnam-gun with alcohol concentration of 0.215% on blood.

In such cases, the defendant, who is driving, has a duty of care to prevent accidents by safely driving the motor vehicle, such as reducing speed according to road conditions and accurately operating the brakes.

Nevertheless, while under the influence of alcohol, when the Defendant was negligent in neglecting the duty of the front stop and failure to properly operate the operation of the operation system, the Defendant was under the influence of driving FK5 car of the victim E(43) who was under the stop for signal waiting at the front section of the above cargo vehicle. The Defendant was under the influence of alcohol and was under the influence of driving the FK5 car in front of the above cargo vehicle.

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. On October 11, 2020, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) driving a B-beon cargo under the influence of alcohol, without obtaining a driver’s license, from the front side of the G G in Chang-gun, Chungcheongnam-gun on about seven kilometers from around 18:40 on October 11, 2020 to the place where the said accident occurred.

Summary of Evidence

1. The defendant's legal statement E traffic accident occurrence status report and the driver's circumstantial statement of the main driver; and