A defendant shall be punished by imprisonment for a term of one year and four 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

【Criminal Power】 On August 26, 2009, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of the Road Traffic Act, etc. at the Changwon District Court's branch on August 26, 2009. On November 11, 2009, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of the Road Traffic Act.

【Criminal Facts】

1. On November 17, 2014, the Defendant was driving a 31 ton truck while under the influence of alcohol with a blood alcohol concentration of 0.130%, without obtaining a driver’s license in the section of about 3 km from the road in front of the forest village in the Bridge-gun, Chungcheongnam-gun, Chungcheongnam-do on the same surface to the 3km in front of the Do road in front of the Do road.

Accordingly, the defendant, without driver's license, has been driving a motor vehicle under the influence of alcohol by a person who has violated Article 44 (1) of the Road Traffic Act more than twice.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a C1 ton of cargo.

On November 17, 2014, the Defendant driven the above cargo while under the influence of 0.130% alcohol concentration without obtaining a driver’s license as stated in paragraph (1) of this Article, and proceeded with Gohap 2-33 in front of the Do road in the two sides of the Ganbuk-gun, Gohap 2-2-33, if the two sides of the Do road in front of the Do road, as stated in paragraph (1) of this Article.

Since there is a central separation cost, there was a duty of care for those engaged in driving of a motor vehicle to live well in the front and safely drive the motor vehicle.

Nevertheless, while under the influence of alcohol, the Defendant d (the 39 years old) was drunk and driven around about 500 meters in the center line near the intersection, and was driven by the victim D (the 39 years old) who was driven by the joint Eup in the direction of the said cargo.

Accordingly, the Defendant committed the above occupational negligence.