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

[Criminal Power] On September 27, 2017, the Defendant was issued a summary order of KRW 3 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

The defendant is a person who is engaged in driving a B-to-car.

On March 12, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.091% 0.091% on March 12, 2020, and led to the driving of the said car along the front road of the Gyeonggi-si Seoul Metropolitan City along a three-lane distance from the border side to the west side of the Gyeong-gu.

Since there is a road where the center line of yellow-ray is installed, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by reducing speed and checking well.

Nevertheless, the Defendant neglected this and got off the center line due to the negligence of driving a stroke while driving along a three-lane to the opposite one while driving along the three-lanes of the opposite one, and was driven by the victim D(the age of 41) who driven the same lane, as the front part of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim, such as Damal salt, which requires medical treatment for about two weeks, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A survey report on actual condition, a traffic accident occurrence report, a notification on the results of the regulation of drinking driving, a report on the circumstantial statements of drinking drivers, and a medical report on the circumstances of drinking drivers;

1. An accident site photograph;

1. Previous convictions in judgment: Application of criminal records, repeated statements, investigation reports (verification of the history of punishment for the same kind of incident), and statutes;

1. Article 3 (1) and Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.