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

[Power of violation of Article 44 (2) of the Road Traffic Act] The defendant was issued a summary order of KRW 3 million at the Gwangju District Court on February 1, 2008 due to the crime of violation of the Road Traffic Act (Refusal of Drinking Measures).

【Criminal Facts】

1. The defendant is a person who is engaged in driving a vehicle BM5 car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 2, 2020, the Defendant driven the above SM5 vehicle in the state of alcohol of 0.145% of blood alcohol concentration around 11:10 on September 2, 2020, while driving the above SM5 vehicle, and driving the front road of the 701-1 Young-1 Young-gu, as the light of Gwangju Mine-gu, along the two-lane distance from C to D Hospital, at an insular speed.

Since there is a signal at the front intersection, the driver of the motor vehicle has a duty of care to operate the motor vehicle safely while maintaining the safety distance to avoid the collision with the motor vehicle driving vehicle, by accurately operating the steering direction and brake system of the motor vehicle, keeping the steering direction and steering system well and keeping the safety distance to avoid the collision with the vehicle driving.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, conflicts with the part of the rear part of the victim E (n.e., 47 years old) driving in the same lane with the front part of the above SM5 vehicle.

As a result, the Defendant suffered injury to the victim, such as cerebral dead, which did not have two or more organs open to provide medical treatment for about two weeks due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act ( sound driving) at the time and time as described in paragraph (1) driving the said SM5 vehicle under the influence of alcohol content of about 0.145% at a distance of about 2 km from the front of the G apartment in Gwangju Mine-gu to the front road of the 710-1 Young-gu, Gwangju Mine-gu, Gwangju Mine-gu, as the fish light, etc.

As a result, the Defendant violated the prohibition of drinking driving and refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The report on the occurrence of a traffic accident and the actual survey report;