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

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

Punishment of the crime

【Criminal Power】 On January 14, 2009, the Defendant issued a summary order of KRW 1.5 million at the Changwon District Court’s Jinju on the same day as a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) and a fine of KRW 3 million for a violation of the Road Traffic Act (driving without a license), and on May 18, 2010, at the same court on the same day on May 15, 2012, as the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act, the Act on Special Cases Concerning the Settlement of Traffic Accidents, or the Road Traffic Act (driving without a license).

【Criminal Facts】

1. On January 14, 2013, at around 23:25, the Defendant driven Cho-do under the influence of alcohol concentration of 0.097% without a driver’s license for a vehicle with a blood alcohol content of 9km from 0.097% to the vicinity of the ordinary university located in Jincheon-si B apartment in Jin-si to Jin-si.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a motor vehicle for a franchise.

On January 14, 2013, the Defendant driven the above vehicle while under the influence of alcohol without a driver's license on January 23:35, 2013, and continued the crosswalk in front of the police station in the direction of Jinju, from the private-road surface to the right side of the ordinary university.

The defendant who is engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and the traffic control by means of signal apparatus is conducted, and the crosswalk is installed, so there was a duty of care to drive the motor vehicle safely so as not to obstruct or endanger the traffic of pedestrians.

Nevertheless, the Defendant neglected the above duty of care and neglected the stop signal while under the influence of 0.097% of alcohol content in blood, thereby neglecting the stop signal and making it inevitable for the Defendant to proceed on the left side of the direction of the Defendant’s proceeding, and thereby, received the victim D (the age of 21) walking along the crosswalk in accordance with the pedestrian proceeding signals from the right side of the Defendant’s proceeding.