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 18, 2008, the Defendant was issued a summary order of KRW 700,000 by the Changwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On August 5, 2019, the Defendant was under the influence of alcohol with a blood alcohol content of 0.114% on August 18, 2019, and driving a car with a volume of approximately 3m D Kadi, on the front of the cosmetic located in Kimhae-si B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car with D Kapo EW.

On August 5, 2019, at around 18:43, the Defendant driven the said car while under the influence of alcohol of 0.114%, and got back the car on the roads of the cosmetic located in Kimhae-si B.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front, rear, left, and left well, operating the steering and brakes accurately.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and received the part on the part of the victim E (the age of 52) who was living behind the Defendant’s car due to the following negligence.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the drinking driving control, a survey report on actual condition, and a statement of blood collection appraisal;

1. A medical certificate;

1. Records of judgment: Application of criminal history records, inquiry reports, and criminal investigation reports (verification of criminal records of sound driving);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the main driving and the choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the punishment of imprisonment without prison labor;