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.

Criminal facts

On November 24, 2008, the Defendant violated the duty of prohibition on driving under the influence of alcohol two times or more by receiving a summary order of a fine of two million won or more as a crime of violating the Road Traffic Act (drinking) at the Ulsan District Court on November 24, 2008, and a fine of two hundred and five million won or more as a crime in the same court on January 11, 201.

The defendant is a person who is engaged in driving a motor vehicle in D.

On October 29, 2017, the Defendant, while under the influence of alcohol level of 00:25 on October 29, 2017, driven the lux car with the above 0.180% alcohol level, led the front road in Yangsan-si E to the boundary of the south-si market.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle at the front and to safely operate the motor vehicle.

The Defendant, under the influence of alcohol, led to the collision of the part of the victim G (hereinafter referred to as 48 years old) driving car driving in the opposite vehicle line, which was driven by the negligence going beyond the median line, with the front part of the driver’s seat in the HST3 car driving.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about 20 days by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A report on the occurrence of a traffic accident, a report on actual condition, a survey report on site photographs, inquiry into the results of crackdown on the driving of drinking, a report on the situation of the driver in charge, an tea inquiry, and a medical certificate;

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service and order to attend lectures;

1. The scope of punishment recommended according to the sentencing criteria;