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

On August 20, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on August 20, 2009, and a summary order of four million won for a fine in the public order of the Daejeon District Court on August 24, 2012.

The Defendant is a person who is engaged in driving a K5-car.

On December 11, 2019, the Defendant driven the said car while under the influence of alcohol of 00:30% of alcohol level 0.078%, and got back to the front of the D Party located in Seo-gu Daejeon Metropolitan City.

Since there are many people in the vicinity, there was a duty of care to prevent accidents by accurately manipulating the front, rear, left and right of the driver, and the steering system of the driver.

Nevertheless, under the influence of alcohol, the Defendant served the victim E (the aged 21)’s left side at the rear side of the said car with the wheels behind the right side of the said car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., which requires approximately two weeks of medical treatment due to occupational negligence, and violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. The actual condition of traffic accidents, on-site photographs;

1. A written diagnosis of injury;

1. Report on the results of the drinking driving control, and the report on the actual state of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

1. Article applicable to the crime, Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. The former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act among concurrent crimes;

1. Articles 53 and 55(1)3 of the Discretionary Mitigation and Mitigation Criminal Act;