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 February 21, 2008, the Defendant was sentenced to a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on February 21, 2008, and on November 27, 2008, the Defendant was sentenced to a suspended sentence of KRW 2 years for six months for a violation of the Road Traffic Act (driving). On October 8, 2014, the Defendant was sentenced to a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act (Refusal of Drinking Measures) at the Goyang Branch Branch of the Central District Court on October 8, 2014.

Criminal facts

1. Around 08:10 on April 7, 2016, the Defendant driven a B-low vehicle under the influence of alcohol concentration of about 0.097% in the section of about 10km from the 97-11rd day of Mangju-si, Yongsan-gu, Yongsan-gu, Mangju-si, to the high-class road of Pakistan-si 930 meters.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol at least twice, and once again drives a motor vehicle in violation of this provision.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a franchise.

around 08:10 on April 7, 2016, the Defendant, while under the influence of alcohol as in the foregoing paragraph 1, driven a motor vehicle of the franchisor and led to the flow of approximately 50 km per hour between the two lanes in the direction of the Lancheon Intersection and the two lanes in the direction of the Lancheon Intersection.

At the time, the Defendant followed the victim in the same direction at the rear side of the D Twit 1.4 car driven by the victim C(34 years of age). In such a case, the Defendant had a duty of care to thoroughly secure the safety distance with the preceding vehicle while driving the car at the front time, to ensure the safety distance with the preceding vehicle, and to prevent the accident by accurately manipulating the operation of the system and the steering gear.

Nevertheless, the defendant neglected to do so under the influence of alcohol, and heed by negligence.