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 August 12, 2009, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Seogu District Court Branch Branch.

The defendant is a person who is engaged in driving a B-learning car.

On November 28, 2019, the Defendant was under the influence of 0.132% of blood alcohol concentration on the 18:23rd of November 28, 2019, and was driving at the speed of one-lane road in front C in front of Ulsan-gun, U.S., to the speed of the Si-si to Busan, the Defendant was under the influence of the Si-si. However, the Defendant was under the influence of the driver’s license on the part of the victim D (58 years old) who was stopped on the side of the front side, and was under the influence of the driver’s license on the back side of the front line of the set-off car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E (the victim E (the older person) who was on board the said high-speed car with salt, tension, etc. for about two weeks in need of medical treatment, and suffered injury such as salt, tension, etc. in need of medical treatment for about two weeks, and violated the provision on the prohibition of drinking driving at least two times.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Report on the occurrence of a traffic accident, drug map, field photograph, survey report on actual condition, notification on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, report on the state of drinking drivers, and medical certificate;

1. The application of Acts and subordinate statutes to inquiry reports on criminal records, investigation reports (Attachment to judgments on criminal records of the same kind);

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment shall be sentenced to imprisonment without prison labor or the crime of violation of the Road Traffic Act;