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

Punishment of the crime

[criminal history] On March 3, 2016, the Defendant received a summary order of KRW 3 million from the Busan District Court to a fine of KRW 3 million, and on October 31, 2017, a summary order of KRW 1 million from the Busan District Court Western Branch for the same crime.

[Criminal facts]

1. Around 20:20 on April 23, 2020, the Defendant driven a e-motor vehicle under the influence of alcohol leveling 0.216% from a section of about 2 km from the Gu Cateral Road located in Busan Dong-gu B to the same Gu D road.

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

2. The defendant is a person who is engaged in driving a motor vehicle for a franchise in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

The Defendant, while under the influence of alcohol level of 0.216% among blood transfusions at the time of the day set forth in paragraph 1, was driven by the Defendant and continued to drive the said car along the three-lane roads in Busan East-gu, Busan.

At the time, the passenger car driven by the victim F (V, 49 years old) was stopped in the signal air according to the signals of the traffic signal apparatus in the front direction of the defendant's proceeding. In such a case, the driver of the vehicle has a duty of care to keep the driver from accidents in advance by properly operating the steering gear and operating the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform his duty at the front time, failed to properly operate the steering gear and operation system, conflicts with the steering part of the vehicle in front of the driver's seat of the above vehicle driven by the Defendant, and continuously handles the accident, followed the vehicle in front of the vehicle in front of the driver's seat of the above vehicle driven by the Defendant. In order to continue to handle the accident, the Defendant is behind the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the road at the right edge.