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

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

Punishment of the crime

[criminal history] On September 26, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws (drinking driving) at the Goyang Branch of the Jung-gu District Court on September 26, 2008, and a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Seoul Northern District Court on February 25, 2014, respectively.

[Criminal facts] Around 04:00 on July 21, 2018, the Defendant driven a three-dimensional car and proceeded with the roads near Yong-gun C around the Nam-gun, Nam-gun, Seoul at the three-dimensional room.

At the time, it is night and a place where the center is installed, so in such cases, the driver of the motor vehicle has the duty of care to prevent conflict with obstacles installed on the road by accurately manipulating the steering gear, etc. in the vicinity.

Nevertheless, the defendant neglected to perform the above duty of care and continued to proceed with the alcohol level of 0.152% in the blood while being drunk, and he was able to get the central separation unit installed in the above car at the same time, and the above car was transferred to the corresponding car due to its shock.

As a result, the Defendant caused the victim D (39 years) who was accompanied by the said car due to his occupational negligence to suffer injury, such as a sulke, which requires approximately four weeks of treatment, and driving the said car under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Evidence and photographs of the traffic accident scene;

1. Investigation report (report on the situation of the driver in charge) and notification of the results of regulating drinking driving;

1. A medical certificate;

1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. The punishment of imprisonment and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents shall be imposed on a crime of violating the traffic accident law at the option of punishment;