A defendant shall be punished by imprisonment with prison labor for up to six 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 November 19, 2010, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act. On March 23, 2012, the Defendant received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act.

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

On September 16, 2015, at around 08:25, the Defendant driven the said car with a blood alcohol concentration of 0.137% 0.137%, and led to the front of the mountain road located in the 79-ro of Pyeongtaek-si geographical area from the shot terminal to the same village at the speed of 50km per hour.

Since there is an intersection where signal lights are installed, there was a duty of care for those engaged in driving of the motor vehicle to drive the motor vehicle safely according to good faith.

Nevertheless, under the influence of alcohol, the Defendant neglected to keep the signal, etc. properly and failed to observe the signal, and thereby caused the Defendant’s failure to observe the signal, thereby resulting in the victim C(35 years old)’s left-hand side on the left-hand side of the automobile driven by the victim C(35 years old) under the straight line from the right-hand side of the Defendant’s running.

Ultimately, the Defendant suffered injury to the victim, such as salt and tension, which requires approximately two weeks of medical treatment by occupational negligence, and driving a motor vehicle under the influence of alcohol again as a person who driven a motor vehicle twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Medical certificates, on-site photographs;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Duties under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 3 (1), the proviso of Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 2 (1) 1 and 8 of the Road Traffic Act, Article 268 of the Criminal Act concerning criminal facts;