A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[criminal history] On March 6, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) in the Sungnam Branch of Suwon Friwon. On November 14, 2014, the Defendant was sentenced to a fine of KRW 3 million as the same crime from the official branch of Daejeon District Court on November 14, 2014. On July 24, 2015, the Defendant was sentenced to a fine of KRW 70,000 as a crime of violating the Road Traffic Act (licensed driving) in the same court.

[Criminal facts] The Defendant is a person who is engaged in driving B cargo vehicles.

1. On March 2, 2016, the Defendant driven the foregoing cargo vehicle while under influence of alcohol to about 200 meters of alcohol level 0.11% of the blood alcohol level of the vehicle without a driver’s license, from the front day of the due gymnasium up to D in C, which is arranged by the Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do around 19:09 on March 2, 2016.

Accordingly, the Defendant, while driving a motor vehicle without a driver’s license, was in violation of the provisions of “Prohibition against driving under the influence of alcohol not less than twice” and driven a motor vehicle under the influence of alcohol in violation of the same provision.

2. On March 2, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven the above cargo vehicle at a speed of about 40 to 50km per hour from the direction of the settlement market to the Cheongyang-gun C.

At the time, there is a road where the center line of the yellow-ray is installed at night and at that time, so in such a case, there was a duty of care for those engaged in driving of the motor vehicle to safely drive the motor vehicle with the driver's duty of care to keep the front door well and to safely

Nevertheless, the defendant neglected this and drives the above cargo vehicle by neglecting the central line in order to move it to the defendant's house located on the side while under the influence of alcohol to 0.11% of alcohol concentration in blood without a driver's license, and by negligence, the victim E (44 years) who was f.