A defendant shall be punished by imprisonment for one year.

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 20, 2009, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Seoul Eastern District Court.

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

On January 2, 2020, the Defendant driven the above vehicle under the influence of alcohol of 0.187% with a blood alcohol concentration of 0.187% on January 2, 2020, and driven the road of 4 lanes in front of Seongdong-gu Seoul Metropolitan Government along one lane from the south side of the sex belt to the north side of the sex belt.

At night, it was difficult to keep the surrounding areas at night, and at all times, the road was an intersection where signal apparatus was installed at the front. In such a case, the driver of the motor vehicle had a duty of care to prevent accidents and safely drive the motor vehicle by accurately operating the steering gate and the steering gear.

Nevertheless, the Defendant neglected this and negligently driven a vehicle while driving the vehicle in the situation where it is difficult to drive the vehicle normally due to influence of alcohol as above, and took the back part of the Estyna taxi driven by D, which is driven by the Defendant, in front of the Defendant’s vehicle, to the victim F, who was on board the said taxi (hereinafter “F, 37 years of age”), suffered injury, such as dynasium and tension, which require approximately three weeks of medical treatment. As above, the Defendant violated Article 44(1) of the Road Traffic Act by driving the said 3 km from the Gangnam-gu Vadong-gu Seoul under the influence of alcohol to the road of the said accident at least two times.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report, the report on the actual state of a drinking driver, the notice of the control of drinking driving, and the report on blood alcohol appraisal;

1. A medical certificate;

1. Images of damaged vehicles, booms, video-fluoring photographs;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Criminal facts;