A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving of Cart XG cars.

On August 28, 2018, the Defendant driven the foregoing vehicle with alcohol content of 0.150% under the influence of alcohol at around 00:48, without obtaining a driver's license for a motor vehicle, and driven the above vehicle at a gender high-priced road located in the pente-dong in the Gyeongsan-si in Busan-si, the Defendant driven the vehicle at a speed of about 60km per hour in the direction of Sinsan-si in the direction of Daegu-si.

At the same time, there was a bed place at the time, and rainwater was parked on the road, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and steering gear while reducing the speed to those engaged in driving of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in operating the brake system rapidly without reducing speed, caused the said motor vehicle to be cut off into a broom, and the central separation unit of the road was shocked into the front part of the driver’s seat, and thereafter, the drums on the right side of the road stopped on the two-lane.

The Defendant, by negligence in the course of performing the above duties, destroyed the central separation line and guard line to the extent of non-repairable repair, immediately stopped, did not take necessary measures, and escaped without leaving the vehicle on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148, Article 54(1) (a) of the Road Traffic Act concerning the facts constituting an offense, Article 148, Article 54(2)2, Article 44(1) (a) of the Road Traffic Act, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act, Article 152(1), and Article 43 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;