A defendant shall be punished by imprisonment for 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 June 29, 2011, the Defendant was issued a summary order of 2 million won or more as a fine for a violation of the Road Traffic Act, and 2.5 million won or more as a fine at the Seoul Western District Court on January 11, 2010.

The defendant is a person who is engaged in driving a Bchip car.

At around 01:00 on December 23, 2013, the Defendant driven the above vehicle from the shooting distance in front of the Gagdong of Gyeonggi-si, Gyeonggi-si, with the alcohol concentration of 0.11% on blood alcohol level of 0.11% on the same day, while driving the vehicle from the shooting distance in front of the Gag-dong of Gyeonggi-gu, and driving the vehicle into the flooding area in front of the Gag-gu, Gag-si, as he was negligent in driving the vehicle while driving the vehicle with drinking, the Defendant shocked the front portion of the victim C(63 years old) driving in front of the left side of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. C’s statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. A medical certificate;

1. Previous records: Application of inquiry letter, investigation report (Attachment to a summary order) and other relevant Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Article 62(1) of the Criminal Act of the suspended sentence provides that even though the Defendant had the record of punishment for drunk driving as above, it is not good that the Defendant was making an accident while driving under the influence of alcohol, but it is a confession and reflective fact, and it is related to driving under the influence of alcohol.