A defendant shall be punished by imprisonment for not less than one year and six 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.

Criminal facts

On December 9, 2009, the defendant was sentenced to a suspended sentence of two years for a year due to a violation of road traffic law in the Gwangju District Court's net support on December 9, 2009, and was sentenced to a suspended sentence of three times in total.

The Defendant is a person engaged in driving sports cargo vehicles B. On October 11, 2020, the Defendant driven the above cargo vehicles under the influence of alcohol content of 0.138% in the blood of around 08:30 on October 11, 2020, and driven the front of the bus stops located in the name of 362-17 on the surface of the c apartment at a speed that would not be known along the two-lanes between the three-lanes.

Since the location is an intersection where signal apparatus is installed in the front and that the traffic of ordinary vehicles is frequent, a person engaged in driving service has a duty of care to safely drive the front and the right and the right and the right, and to prevent accidents by operating the steering and the steering system accurately.

However, while under the influence of alcohol, the Defendant was negligent in neglecting the above duty of care and neglected to do so on the front day of the passenger E ( South, 29 years old) who was in the atmosphere of the signal signal at the front day, and received the front part of the freight driven by the Defendant, following the FSP car driven by the Defendant.

Defendant 1 suffered approximately two weeks of tensions, tensions, etc. from the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of a driver who takes the lead, a written inquiry of the results of crackdown on drinking driving, and previous records of judgment on the scene of an accident: Application of an inquiry letter, judgment text, and summary issuance order, such as criminal history;

1. Article 148-2(1) and Article 44(1) of the Road Traffic Act (the drinking and the choice of imprisonment) for criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation in the course of performing duties and by negligence), Article 268 of the Criminal Act (the imprisonment without prison labor).