A defendant shall be punished by imprisonment with prison labor for not more than ten 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 October 28, 2008, the Defendant received a summary order of KRW 2,50,000,000 as a fine for the crime of the Road Traffic Act, from the Sungwon District Court's Sungnam branch on October 28, 2008, and on August 10, 2009, the Defendant received a summary order of KRW 4 million for the same crime, etc.

The Defendant is a person who is engaged in driving of B-II cargo vehicles.

On May 4, 2019, at around 08:22, the Defendant driven the above cargo while under the influence of alcohol with 0.132% of alcohol level 0.132%, and continued two lanes in front of the ecological park as Seoul Gangdong-gu, Gangdong-gu, Seoul, along the direction of the lower city in the direction of the ecological park.

Since there is a center line of yellow solid lines, there was a duty of care to safely operate the vehicle to those engaged in driving service.

Nevertheless, the Defendant, who was injured by the negligence of the central line, shocked D Z90RS CAFE Ora, driven by the injured party C (the age of 40) with the part of loading the said cargo.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, sustained injury by the victim, such as the influence of the details of the situation requiring treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Person making a drinking test paper, written report on drinking driving, written report on the status of drinking drivers, and written report on the status of drinking drivers;

1. Blucking images;

1. A medical certificate;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of power) and Acts and subordinate statutes;

1. Articles 5-11 and 148-2 (1) 1 and 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes Concerning the Crimes under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); each choice

1. The former part of Article 37 of the Criminal Act among concurrent crimes;