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

[criminal power] On August 31, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Seo-gu District Court’s branch branch on August 31, 2009, a fine of five million won for the same crime in the same court on March 22, 2011, and a fine of two million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on May 6, 201.

【Criminal Facts】

The Defendant is also a person who is engaged in driving of the bareboat cargo vehicle B.

On August 19, 2020, at around 17:25, the Defendant driven the above vehicle while under the influence of alcohol with 0.125% of alcohol content, and continued to drive the said vehicle at the same time as the 0.125% of the above vehicle and drive the road in front of the Gyeongnam-gun, Gyeongnam-do, at the seat of the Gohap-do Office.

In this case, a person engaged in driving service has a duty of care to thoroughly see the front door in a clear spirit and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, by negligence while under the influence of alcohol, the Defendant received the roadside trees planted on the right side of the proceeding direction as the front part of the foregoing cargo vehicle.

The Defendant, by its occupational negligence, sustained injury to the victim D (Nam, 34 years of age) who was accompanied by the foregoing cargo vehicle’s steering force, such as an internal pressure frame, closure, etc. for about eight weeks, and driven a motor vehicle, etc. at least twice under the influence of alcohol.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. The actual condition survey report, the report on the occurrence of a traffic accident, the site photograph of the accident, the report on the circumstantial statement of the driver with the employer, the investigation report (the circumstantial report of the driver with the employer), and the medical certificate;

1. Criminal records: Criminal records, previous records of disposition, report on results of confirmation, and application of statutes governing judgment;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

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