A defendant shall be punished by imprisonment for a term of one year and two months.

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 March 11, 2015, the Defendant received a summary order of a fine of KRW 3 million from the Ulsan District Court due to a violation of the Road Traffic Act.

1. Around 07:20 on April 9, 2020, the Defendant driven a DNA knife vehicle under the influence of alcohol leveling 0.091% from the section of approximately 2km from the front of the road located in Ulsan Northern-gu B to the upper radiation distance in the same Guamamb.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant is in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) that is a person engaged in the operation of a DNA Grandroth.

The defendant was going to turn to the left at the jurisdiction of the Ulsan Airport, the upper radiation distance from Ulsan-dong, Ulsan-gu, Ulsan-do, the date and time under paragraph (1).

Since there is an intersection, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by complying with the safety zone traffic prohibition duty, properly seeing the front left, and accurately manipulating the operation and steering gear of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, went through the cross-road safety zone in the street, was shocked by the Fpoter cargo vehicle driven by the victim E (E, E, 53) who is going to turn to the left according to the mast line while driving the cross-road.

Ultimately, the Defendant suffered injury to the victim, such as catitis, which requires treatment for about two weeks by negligence in the course of business as above.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, notification of the results of crackdown on drinking driving, and medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of the same kind of power);

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the main driving and the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act