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

On August 29, 2016, the Defendant violated Article 44(1) of the Road Traffic Act at the Daegu District Court (Seoul District Court) by issuing a summary order of KRW 2 million for a crime of violating the Road Traffic Act, and on December 1, 2015, by receiving a summary order of KRW 1 million for the same crime from the same court, respectively.

The Defendant is a person engaging in driving a QM5 car.

On November 30, 2018, the Defendant driven the said QM5 car with a 0.112% alcohol concentration around 00:30,000, while driving the said QM5 car, and led the Defendant to proceed to the direction of the Gangnam Police Station in the direction of the Gangnam-gu Seoul Northern Zone C while driving the said QM5 car in front of the Daegu Northern Zone C.

In this case, a person engaged in driving service has a duty of care to check whether there is a vehicle driving on an access lane by checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to prevent accidents such as by accurately manipulating the steering direction and the system and by bypassing it.

Nevertheless, the Defendant was negligent in driving while under the influence of alcohol and continued on the right-hand side of QM5 vehicles by neglecting to drive normally. However, the Defendant was driven by the victim D(38 years of age) who was driving in the direction of the Gangnam Police Station in the direction of the Gangseo-dong Police Station along the two-lanes in the direction of the Gangnam-do Police Station. The front part of the instant QM5 vehicle was driven by the victim D(38 years of age).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each written diagnosis;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes of each summary order;

1. The relevant Act on the Aggravated Punishment, etc. of Specific Crimes was amended by Act No. 15981, Dec. 18, 2018.