A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed.

Punishment of the crime

1. The Defendant is a person who is engaged in driving of CBS vehicles in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DBS).

On May 16, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.268% of alcohol level around 21:10 on May 16, 2016, and proceeded at a speed of about 10km/h of speed in the direction of the regular district in the direction of the trading center, depending on one of the first two-lanes in front of the Heung apartment in the Pungdong-gu, Gwangju.

At the time of night, there was a point where the front door of the road was flowed at night and it was a road with a strong traffic congestion, so a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes while making a good living of the traffic situation and to prevent accidents.

Nevertheless, the Defendant neglected to drive normally due to the above influence of alcohol and neglected to do so at the front section of the Defendant’s driver’s vehicle due to negligence, which led the victim D(26 years of age) who was under a stop due to the vehicle’s body in the front section, and led to the sudden breakdown of the Defendant’s vehicle.

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

2. On August 13, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court as of August 13, 2007, and was sentenced to a fine of 3 million won for a violation of the Road Traffic Act at the Gwangju District Court on July 14, 2008.

The Defendant driven the said vehicle under the influence of alcohol level of 0.268% at approximately 300 meters from the section of approximately 300 meters in front of a restaurant located in the city of Gwangju Mine-gu to the front of a middle apartment located in 20-20-ro of the same Gu Pungdong-gu.

Summary of Evidence

1. The defendant;