A defendant shall be punished by imprisonment for one year.

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

On January 25, 2017, the Defendant was issued a summary order of KRW 1 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

Nevertheless, at around 01:50 on September 1, 2019, the Defendant was driven by the victim D (64 years old) who stopped in the front of the same line as the signal, etc. at the intersection where the signal, etc. was installed, while driving at the speed of about 30 km from the south side of the Seoul Guro-gu, while driving a vehicle BK3 car at the speed of 0.158% in an inaccurate, snow shocking, etc., and driving the vehicle B at the speed of about 30 km from the south side of the front side of the vehicle, while driving the vehicle at the speed of about 0 km from the intersection where the signal, etc. was installed, and was driven by the victim D(64 years old) who stopped in the front of the same line.

As a result, the Defendant, who violated the prohibition of drinking driving and was unable to drive normally due to the influence of drinking again, was driving the said K3 car, and suffered from the injury of the Defendant, such as the climatic salt for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. On the screen by a survey report on the actual condition, a report on the results of the control of drinking and driving, a report on investigation (in the event of the application of the Tramark), a report on hand-time (report on the situation of a driver), and a screen by capturing the black image;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to criminal records, repeated statements, and copies of summary order;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including traffic accidents involving drinking alcohol, the measurement of alcohol, the father and degree of injury, the previous conviction of a fine for drunk driving and one time (2017), the risk of recidivism, and reflectivity, etc.