A defendant shall be punished by imprisonment for six months.

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 history] On May 21, 2009, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of road traffic law at the Seosan Branch of the Daejeon District Court, and one million,000,000,000 won as a fine for the same crime from the red support of the Daejeon District Court on August 2, 2017.

[Criminal facts]

1. On August 31, 2018, the Defendant: (a) driven a Dpoter II truck with alcohol content of about 0.054% in a section of about 10km from the breakwater in the north-west of Boan City to the front side of “C” in the same Gun from the breakwater in Bocheon-si, Bocheon-si; (b) on August 31, 2018, the Defendant driven a Dpoter II truck with alcohol content of about 0.054% in alcohol level.

Ultimately, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol in violation of the said provision.

2. The defendant who violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service of the above cargo vehicle;

Defendant 1 driven the above cargo vehicle under the influence of alcohol as stated in the above paragraph (1) at the above date and continued the front way of the above “C” from the northwest bank to the port of the south bank.

There was a road where the median line is not installed, which can be exchanged in both directions, and the Defendant’s front side run in the same direction as the victim E(60 years old) driving, and the Defendant attempted to overtake the said low-speed car. As such, the Defendant was obliged to pay a duty of care to ensure that a person engaged in driving a motor vehicle is able to look at the front side and the left side, to accurately operate the steering system, to maintain an appropriate interval with the pre-paid vehicle, and to prevent accidents in advance by safely driving the vehicle.

Nevertheless, the Defendant neglected to drive under the influence of alcohol as above and attempted to overtake the said vehicle at the right side of the said cargo vehicle due to the negligence that the Defendant attempted to overtake the said vehicle at an excessive vicinity of the said vehicle.

Ultimately, the Defendant above.