A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal power] On November 22, 2011, the Defendant was sentenced to a suspended sentence of ten months by imprisonment for a violation of the Road Traffic Act, etc. at the Daegu District Court on October 2, 201, and on June 4, 2007, the Defendant was issued a summary order of one million won by the same court on June 4, 2007 and has violated Article 44(1) of the Road Traffic Act not less than twice.

【Criminal Facts】

On October 31, 2018, the Defendant was under the influence of alcohol with 0.135% of blood alcohol concentration around 20:50 on October 31, 2018, and the Defendant was driving the Bcoon-road in front of the D convenience point in the city of Gyeongsan, thereby driving the said vehicle directly in the direction of “D convenience point” from the upper point of “E”.

At the time, there was a duty of care to prevent accidents, such as reducing speed and securing safety distance with the vehicle in front, because another vehicle stops in accordance with the vehicle stop signal, and thus, a person engaged in driving of a motor vehicle was engaged in driving the motor vehicle, by accurately operating the front door and the left door and the left door well and the left door, thereby reducing the speed and securing the safety distance with the vehicle in front.

The Defendant neglected to do so and did not look at the front section of the car, and was negligent in proceeding with the Defendant’s failure, and was driven by the victim F (50 years of age) who was stopped in accordance with the stop signal prior to the same direction of the car, and received the part of the Defendant’s vehicle behind the Gysta car, which was driven by the Defendant F (50 years of age).

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Examination of the results of the control of driving;

1. On-site photographs;

1. A medical certificate;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to a summary order of the same kind of power);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act.