A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On January 24, 2014, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court on January 24, 201, and one year and six months of suspended execution, and the said judgment became final and conclusive on February 4, 2014, and is still under suspended execution.

On April 1, 2009, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, on May 15, 2009, by the same court, a summary order of KRW 3 million as a fine for the same crime, and on March 12, 2015, by the same court, a summary order of KRW 5 million as a fine for the same crime, respectively.

【Criminal Facts】

1. 특정범죄가중처벌등에관한법률위반(위험운전치사상) 피고인은 2015. 1. 5. 03:45경 혈중알코올농도 0.318%의 술에 취한 상태에서 C 포르테 쿱 승용차를 운전하여 포항시 북구 해동로 죽도시장 공영주차장 앞 도로를 죽도시장 삼거리 쪽에서 영포회타운 쪽으로 편도 2차로 중 1차로로 진행하게 되었다.

At night, a person engaged in driving of a motor vehicle had a duty of care to accurately operate the steering direction and brakes by taking account of the front side and the left side of the motor vehicle at night, but due to the negligence that the defendant neglected to do so while under the influence of alcohol, the defendant has to go beyond the road by shocking the left side of the victim D (the age of 59) who was engaged in the work to remove food waste on the two-lane, and the two-lanes of the above removal vehicle conflict with the Defendant's lane.

As a result, the defendant driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury such as the left-hand sofacing to the victim for about seven weeks of treatment.

2. Although the Defendant violated the Road Traffic Act (driving) had the power to be punished for driving under the influence of alcohol two or more times as above, the Defendant was under the influence of alcohol at around 03:45 on January 5, 2015, and at around 03:318% of the blood alcohol concentration, the Defendant was under the influence of alcohol at the speed of 0.318%.