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 June 19, 2009, the defendant was issued a summary order of a fine of 1.5 million won by the Seoul Southern District Court for a violation of the Road Traffic Act.

On July 13, 2019, around 06:59, the Defendant was driving B K5 cars while under the influence of alcohol concentration of 0.158% at a point of 16.8m in Incheon Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, and the Defendant was driving B K5 cars with blood alcohol concentration of 0.158% on July 13, 201.

At the time, the Defendant had a blood alcohol concentration of 0.158% while driving, repeated driving, such as a stroke while driving, and a certain stroke distance was difficult to drive normally due to the influence of drinking such as alcohol.

Nevertheless, the Defendant, while driving the said K5 vehicle in a situation where normal driving is difficult due to influence of drinking, changed the course from the two-lane to the four-lanes while driving the said K5 vehicle, and took the front part of the driver’s seat of the D-wing and three-lane truck drivened by the victim C (the age of 49) who driven along the four-lanes, and suffered injury, such as the pipe and tension of the other items requiring treatment for about two weeks and the unknown parts of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Previous convictions: Application of criminal records, summary order copies, and Acts and subordinate statutes;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e.g., the recognition of a criminal act and the refusal to repeat), the agreement with the victim, and the absence