A defendant shall be punished by imprisonment for a term of one year and two months.

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

On October 8, 2010, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Suwon District Court on the same date, and on September 24, 2015, the same court issued a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act.

1. Around 20:55 on January 26, 2020, the Defendant driven a F QM5 vehicle under the influence of alcohol level of about 0.7km from the 0.7km section to the front of the E cafeteria located in the same Gu in the vicinity of the Party Population B Building C, which is the Defendant’s residence.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service of F QM5 automobiles.

The Defendant was under the influence of alcohol 0.078% at the time and place set forth in paragraph (1) at the time and place, and the Defendant was driving the said vehicle and parked in the parking lot of the said restaurant in the E in the wife population D at the permissible time and turned down at a speed of about 5 km per hour in order to park it in the above restaurant.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by viewing the rear side and accurately manipulating the steering and brakes.

Nevertheless, the Defendant did not discover the Victim G (AW) who was walking behind the said vehicle due to negligence while under the influence of alcohol while neglecting it, and did not discover the victim G (AW) who was walking around the lower part of the said vehicle, and received the victim as the lower part of the Defendant’s driving’s driver’s vehicle, and suffered a diversified aspect that requires approximately two weeks of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. A traffic accident report, a report on investigation into photographs at the scene of the accident (investigative cases, including the location of the accident), CCTV video CD;

1. The circumstantial statements and investigation reports shall be made to the host driver; and