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

1. The defendant is a person who is engaged in driving service of the BPoter-II cargo.

On October 19, 2020, around 07:45, the Defendant proceeded along the four-lane road in front of Gwangju Seo-gu, Seo-gu, according to the direction of the intersection of wind rocks from the south-gu to the intersection of wind rocks.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front section and the left and right of the motor vehicle and accurately manipulating the steering system, etc.

Nevertheless, the Defendant neglected this and failed to accurately manipulate the brakes and steering gear, etc. while under the influence of alcohol of 0.168% in blood, and caused the driver to go on the same lane by driving E ( South, 40 years old) driving on the same lane.

After all, the Defendant suffered injury to the victim E, such as salt, tensions, etc. in need of approximately two weeks of treatment due to the above occupational negligence.

2. On June 12, 2012, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Gwangju District Court on June 12, 2012.

Defendant 1 driven a Poter II cargo vehicle while under influence of about 0.168% of alcohol level in the 5km section from the H convenience store near Gwangju Northern-gu, Gwangju-gu to the front day in Gwangju-gu, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A medical certificate;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3(2) proviso 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (in the course of business and negligence).