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

[criminal power] On July 30, 2012, the Defendant received a summary order of KRW 1 million for a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on July 30, 2012, and a summary order of KRW 2.5 million for the same crime in the same court on March 21, 2014.

【Criminal Facts】

The defendant is a person who is engaged in driving a car BMW 430i.

On January 4, 2020, the Defendant driven the said car with a blood alcohol level of 0.124% 0.124% around 02:0, while driving the said car and driving it along one-lane from the right edge of the C in front of the C in the U.S. in the U.S. in the ancient city to the right edge distance from the right edge of the city in the front of the C, U.S.. at the ancient village. At the time, the Defendant was under the influence of alcohol so that it is difficult for the Defendant to drive it normally due to the influence of alcohol, and the ability to properly operate the steering gear and brake system is considerably low. In such case, the Defendant had a duty of care to immediately stop driving.

Nevertheless, as seen above, the Defendant was negligent in neglecting the steering gear and brakes while under the influence of alcohol and failure to properly operate the steering gear and brakes, and due to the negligence that the Defendant was driven by the victim D (V, 54 years old) who was under the traffic waiting at the front section of the instant one-lane vehicle, the lower part of the EM5 car was driven by the front part of the said BMW car.

As above, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered the victim’s injury of salt and tensions that require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements of D;

1. Notification of the result of crackdown on drinking driving;

1. A medical certificate;

1. On-site and vehicle photographs;

1. CCTV and blackbox video CDs;

1. Previous convictions in judgment: Application of inquiry reports and summary order Acts and subordinate statutes;

1. The pertinent Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes for which the option of criminal facts is given.