A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

[criminal history] The Defendant had two times the same kind of force in addition to the issuance of a summary order of a fine of KRW 2 million to a violation of road traffic law (driving alcohol) at the Sungnam support center on December 1, 2014, in addition to the issuance of a summary order of KRW 2 million.

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On November 11, 2015, the Defendant driven the said car under the influence of alcohol level of 0.093% in blood without obtaining a driver's license on November 11, 2015, and became to turn to the left at the second-lane road in Songpa-gu Seoul.

At night and the road where the defendant intends to enter is already passing through, in such a case, the driver of the vehicle has a duty of care to check the traffic condition of the road on which he/she will enter and prevent the traffic accident in advance by entering the road in a clear spirit.

Nevertheless, under the influence of alcohol, the Defendant was negligent in the course of business in which the Defendant did not look at the traffic condition of the road on which he would enter, and received the right side part of the victim D(48 ) driving on the right side of the bicycle from the left side of the Defendant’s driving direction to the right side of the bicycle.

Ultimately, due to the above occupational negligence, the defendant suffered injury, such as salt pans, tensions, etc. in the left-hand shoulder which requires approximately three weeks of treatment.

2. On November 11, 2015, around 00:00 on November 11, 2015, the Defendant driving a motor vehicle while under the influence of alcohol more than twice as seen above, and without obtaining a driver’s license for the motor vehicle, at the section of approximately 150 meters from the Do in front of a mutually influence restaurant in Songpa-gu Seoul, Songpa-gu, Seoul to the intersection between the above transmission route and C, the alcohol concentration of blood is 0.093%.