A defendant shall be punished by imprisonment with prison labor 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

1. On February 28, 2008, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving without a license) received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Gwangju District Court head, and a summary order of KRW 3 million as a fine in the same court on July 5, 2016, respectively.

On December 13, 2017, the Defendant driven Cpoter II cargo vehicles with alcohol content of about 0.094% while under the influence of alcohol without obtaining a driver’s license from about 2 km section from the front day of the regrasium 20-2, which was located in the center of the Dogjin-gu, Jinjin-gun, Jinjin-gun, Seoul, to the front road B.

2. The Defendant is a person who is engaged in driving of Cpoter II cargo vehicles.

On December 13, 2017, the Defendant driven the above cargo vehicle around 16:00, and proceeded at the speed of about 40 km from the post office heading off to the direction of the walk-gun B in front of the south Heung-gun.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by properly manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and caused the victim D, who was walking on the right side of the road along the Defendant’s running without a license as stated in the above Section 1, due to the negligence of driving in the state of drinking and without a license as stated in the above Section 1, to shock the victim D, who was walking on the right side of the road of the Defendant at the time, with the cargo vehicle of the above Defendant, and to go beyond the floor, thereby causing the victim to suffer injury, such as the closure of the bones, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements;

1. A survey report on actual condition, an accident scene photograph, notification of the results of crackdown on drinking driving, the ledger of driver's licenses for motor vehicles, investigation report (related to the closure of the accident scene), and medical certificate;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (report accompanied by a copy of a summary order);

1. The Road Traffic Act applicable to criminal facts;