A defendant shall be punished by imprisonment for not less than eight 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

On November 3, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on November 3, 2009, and was sentenced to a suspended sentence of six months by imprisonment for a violation of the Road Traffic Act (driving) at the Cheongju District Court on May 28, 2010. On December 26, 2013, the Defendant was issued a summary order of seven million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court on December 26, 2013.

1. Around 23:00 on December 21, 2013, the Defendant driven a D SM5 car under the influence of alcohol content 0.098% from the 70km section to the point of Busan located in the Taedong-gu Daejeon Metropolitan City, Daejeon Metropolitan City, at around 02:26, December 22, 2013.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving of a DM5 vehicle.

On December 22, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.098% 0.06% around December 22, 2013, and led to a four-lane road of 280.4km away from the side of Seoul to Busan at the direction of Busan Metropolitan City, which is located in Seo-gu, Daejeon Metropolitan City.

At the time, it was night and its location was an expressway, so in such cases, the driver of the motor vehicle had a duty of care to see the front door well and to operate the steering system and the brake accurately and safely.

Nevertheless, the Defendant, who was negligent in driving while driving the vehicle due to his negligence, received a shock sprink, which is owned by the Korea Highway Corporation to the injured party, from the front part of the said car, to the extent that the repair cost, such as material cost, etc. is 2,827,00 won.