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

On August 21, 2015, the Defendant issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch on August 21, 2015, and the same power has totaled two times.

The defendant is a person who is engaged in driving a BMW750 car.

On November 4, 2020, the Defendant was parked in order to move a vehicle parked on the road in front of C at a drinking time while under the influence of alcohol level of 0.166% during alcohol level from around 22:05 on November 4, 2020.

The location is a road with a lot of vehicle traffic, and it was difficult at night at the time, so a person engaged in driving service has a duty of care to safely drive the front, rear, left and left well, and drive the steering wheel and brakes accurately, thereby preventing accidents.

Nevertheless, the Defendant, under the influence of alcohol, was under the influence of alcohol and was under the influence of the Defendant’s duty of care as a part of the driver’s seat on the part of the Defendant’s car driving car, even in the E protocol driven by the victim D ( South, 37 years old) driving along one lane due to the negligence of leaving the vehicle without examining the vehicle.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered the victim’s salt, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. To report traffic accidents (on-site investigation statement);

1. Report on the circumstances of driving under the liquor:

1. The circumstantial report (whether to drive any danger);

1. A written diagnosis of the results of crackdown on driving alcohol (D);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, (A) and a copy of the above summary order, respectively;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former Road Traffic Act (Act No. 17371, Jun. 9, 2020) concerning criminal facts and the former Road Traffic Act (No. 17371, Jun. 9, 2020).