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 May 20, 2014, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act (driving) at the credit branch of Suwon District Court.

(Criminal Facts)

1. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in driving motor vehicles by making a franchise;

On November 10, 2019, the Defendant, while under the influence of alcohol on the blood alcohol level of 0.127% on the 15:40% on November 10, 201, changed the two-lane roads in front of Gyeonggi Pyeong-gun C from the Seoul direction to the two-lane course in the direction of Hongcheon-gun.

In such cases, as a driver of a motor vehicle, he/she has a duty of care to properly see the front left and accurately manipulate the steering and brakes so as to prevent accidents from occurring.

Nevertheless, the Defendant neglected this and negligently driven while driving the vehicle under the influence of alcohol and received the part concerning E-wing and 3 cargo wheeler of the victim D (V, 55 years old) driving.

Ultimately, the Defendant caused the victim to suffer injury, such as brain, which requires medical treatment for about three weeks due to such occupational negligence.

2. Around 15:40 on November 10, 2019, the Defendant driven a car under the influence of alcohol with a blood alcohol concentration of about 0.127% at a section of approximately 1.5 km from the front of the Gyeonggi Pyeong-gun to the front of the Gyeonggi Pyeong-gun, the Defendant driven the car under the influence of alcohol with a blood alcohol concentration of about 0.127%.

Accordingly, the defendant was driven under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and report on the circumstances of drinking drivers;

1. A medical certificate;

1. A report on investigation (verification of the image of a damaged vehicle) (verification of the image of the damaged vehicle), a photographic and video image of the damaged vehicle;

1. On-site photographs;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant provisions concerning facts constituting an offense;