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 March 12, 2010, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Sungnam branch of Suwon District Court on March 12, 2010.

The Defendant is a person engaging in driving a BMW car.

1. On July 24, 2019, the Defendant driven the said vehicle under the influence of alcohol by at least 0.236% in a section of about 15km of blood alcohol level from the parking lot located in the west-dong, Seonam-si, Sungnam-si, to the point where 12 km away from the west-gu, Seoul outer Highway, Seoul, to the point where it is located within the 15km away from the west-dong parking lot.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driven by the said vehicle while under the influence of alcohol as stated in Paragraph 1 of the said temporary border, and the Defendant driven the said vehicle at a four-lane road of 12 km away from the west IIC bank to the west IIC bank.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and there was a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation on the front side and accurately manipulating the steering system, etc.

Nevertheless, the Defendant neglected to drive normally under the influence of such drinking as above and neglected to do so, thereby receiving the back portion of D25 tons of car trucks driven by the victim C (the age of 38) who was driving in front of the Defendant’s car, as the front part of the Defendant’s car.

Ultimately, the Defendant, by occupational negligence, suffered injury to the above victim C, such as salt ties, tensions, etc., in need of approximately two weeks of medical treatment, and injury to the victim E (V, 38 years of age) who was on board, such as crums, tensions, etc., requiring two weeks of medical treatment.