A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2] On April 22, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on April 22, 2008, and a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on January 9, 2012.

[Criminal facts]

1. On August 24, 2016, the Defendant violated the Road Traffic Act (driving alcohol) and the Road Traffic Act (driving without a license) on two or more occasions, and driven a motor vehicle without obtaining a driver’s license for a motor vehicle while under the influence of alcohol at about 0.184% of alcohol level from the front side of the building B in Dongducheon-si, Dongbcheon-si, B to the front edge of the building B in Dongducheon-si, Dongbcheon-si, 200 meters from the 600-meter section to the blind distance.

2. The defendant is a person who is engaged in driving a franchise-free vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On August 24, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.184% in blood without obtaining a driver's license on August 24, 2016, and proceeded along the intersection by driving the said vehicle at a speed of about 40 km per hour at a speed of about 5 km in front C in the direction of the parallel.

In such cases, a person engaged in driving of a motor vehicle has the duty of care to yield the course to another motor vehicle and prevent the accident in advance by driving the motor vehicle where it is already entering the intersection from another road.

Nevertheless, under the influence of alcohol, the Defendant was negligent and proceeded with the front part of the vehicle operated by the Victim F (54 Do) who first enters the intersection from the left side of the direction of the Defendant’s proceeding to the right, and is driving by the Victim F (54 Do).

Ultimately, the Defendant’s occupational negligence requires medical treatment for about 10 days to the victim.