A defendant shall be punished by imprisonment for two years.

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

1. On May 7, 2010, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the original branch of the Chuncheon District Court on the grounds of the violation of the Road Traffic Act (driving). On December 29, 2019, the Defendant driven approximately 30 meters EK5 cars under the influence of alcohol from C before C in the East Sea in the East Sea to D in the East Sea, and around 0.102% of the blood alcohol concentration from D in the East Sea to D in the East Sea.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) by neglecting his duty of care to prevent accidents by driving the said K5 vehicle while under the influence of alcohol at the time specified in the above paragraph (1) and driving it on the two-lane road near D in the East Sea, and driving it safely by accurately operating the steering gear, thereby neglecting his duty of care to prevent accidents, and driving the above road on the left side without thoroughly examining whether there is a vehicle coming from the left side of the road. The Defendant was negligent in driving the above road on the part of driving it on the victim F (51 years of age) in front of the right side of the Defendant’s driving direction, driving it on the right side of the 5-day side of the 5-day passenger vehicle, and having the victim suffer from the need to provide approximately two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. Investigation report on actual condition, report on the control results of drinking driving, and circumstantial statement of drinking drivers;

1. A medical certificate;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (traffic records, such as driving under the influence of a suspect);

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

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2 and (2) of the Criminal Act and Article 50 (Violation of the Road Traffic Act with heavier punishment (the concurrent crimes with the punishment provided for the run-in crime).