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 3, 2011, the Defendant received a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), etc. in the support for the safe flow of water sources and the delivery of water sources. On September 24, 2010, the Defendant received a summary order of KRW 1 million due to a violation of the Road Traffic Act (drinking driving).

The defendant is a person who is engaged in driving a Bchip car.

On July 24, 2020, the Defendant driven the above vehicle under the influence of alcohol level of 0.036% from blood alcohol level around 14:05, and driven the above vehicle in accordance with two-lanes from the surface of the Korean telecommunication distance shooting range to the private distance of the second apartment of the new apartment in the new site in Ansan-si, Ansan-si.

Since there is a three-distance intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by checking the front side and the left and right in accordance with the signals.

Nevertheless, the Defendant neglected this and got a victim D (son, 69 years old) who was stopping on the front side of the Defendant’s vehicle in violation of a stop signal while under the influence of alcohol and was in the front of the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the provision on prohibition of driving under the influence of alcohol not less than twice, and suffered from the victim's injury, such as the salt, tension, etc. of the 2 week in need of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Reports on traffic accidents: 1, 2;

1. Statement of the circumstances of the driver involved in driving;

1. A written diagnosis of damage;

1. The shock part of the motor vehicle involved in the accident, the motor vehicle booms image fluor photographs, etc.;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Article 148-2 of the Road Traffic Act concerning the crime and Articles 148-2 (1) and 44 of the same Act concerning selective punishment;