[2] The case denying the establishment of a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes on the ground that it is difficult to deem that a person who has driven an automobile under the influence of alcohol was driving a motor vehicle in the “the condition where normal driving is difficult” in light of various circumstances, the contents of statement, etc.

[2] The case denying the establishment of a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the ground that it is difficult to see that the defendant was driving a motor vehicle under the circumstances where it was difficult to see that the defendant was driving a motor vehicle under the influence of alcohol in light of the following: (a) the defendant did not peep the accident immediately after the accident; (b) the situation at the time 10 days after the accident occurred; (c) the circumstances where the accident occurred after the accident occurred; (d) the place of drinking and the amount of drinking alcohol; and (e) the statement is consistent with the investigation report; and (e) there is no evidence to see that the defendant was driving a motor vehicle under the influence of alcohol immediately before the accident; and (e) there is no serious injury to the victim, on the ground that it is difficult to deem that he was driving a motor vehicle under the influence of normal driving.

When the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

1. On August 2, 2008, while under the influence of alcohol at 0.114% of blood alcohol concentration, the above vehicle is driven in one lane in front of the Veterans Administration located in the south-dong of Msan City at the seat of the monthly square at the seat of the entrance, which is located in the direction of the annual hospital. The victim Nonindicted 1 driving (vehicle 2 number omitted) of the victim Nonindicted 1, who was under the influence of alcohol at the front of the defendant's running direction, was negligent in neglecting his duty of care to ensure the safety of the future and the left, while neglecting his duty of care to check and drive his career, and due to the negligence of the victim Nonindicted 1 driving (vehicle 2 number omitted) and the part of the pan-cab back back to the defendant's driving direction, resulting in the victim's scoponum base, scopumumumumumumumumumum, scopumumumumumumumum, scopumumumumumum, ekin, leleinium, le, etc.

2. At the same time, under the influence of alcohol content of 0.114% at the same time as the preceding paragraph, the said vehicle was driven at approximately 100 meters prior to the Veterans' Office located in the Dong-dong in the same city as the accident site, starting from the front of the Gannam University in Msan-si.

1. The police statement of Nonindicted Party 1

1. A survey report on the actual condition, on the site, and photographs related to accidents;

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

1. A medical certificate;

Article 3 (1) and (2) (proviso) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 150 subparagraph 1 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act (the point of sound driving), the selection of each fine.

2. Aggravation of concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Limits to Total Amount of Two Crimes)

3. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

4. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is established when a person is injured or killed by driving a motor vehicle under the influence of alcohol while normal driving is difficult. The "the state of normal driving" in this context refers to the physical and mental condition of the motor vehicle, such as the degree of the accident, the circumstance and location of the accident, the degree of damage, the defendant's attitude before and after the accident (whether the accident occurred before and after the crossing, the accident occurred), the situation where normal driving is difficult due to the influence of alcohol in violation of the provisions of Article 44 (1) of the Road Traffic Act, and the degree of the risk that a driver is unable to normally drive under the influence of alcohol is insufficient, and it is difficult for the motor vehicle driver to do so under the influence of alcohol, or to operate the Hands or brate because it is difficult for him to adjust the timing and degree of operation as he intended. Ultimately, whether or not the accident was in the above situation should be determined properly without properly considering whether the accident occurred before and after the accident, the situation of the defendant before and after the accident.

According to these legal principles, each evidence revealed that the defendant was under the influence of alcohol at the time of the instant traffic accident, as to whether the defendant was in a difficult condition for normal driving due to influence of alcohol at the time of the instant traffic accident, the defendant was under the influence of 0.114% of alcohol at the time of the instant traffic accident. ② The defendant’s speech and behavior state at the time of detection in Nonindicted Party 2’s report on his statement on his driver’s situation (in the investigation record, 22 pages), which is a police officer dispatched to the scene, is stated as follows: “hymthm, flow, flow-down, flow-down, walk-down, driver’s blood color,” and ③ the defendant stated as “nick-down, drinking, making a statement at the prosecutor’s office.” ④ In light of the fact that the defendant suffered damage to the damaged vehicle due to the instant accident to KRW 2 million, it is true that it is difficult for the defendant to drive a motor vehicle under normal influence of alcohol at the time of the instant traffic accident.

(10) On the other hand, the report of Non-Indicted 3's dacting and measuring the Defendant's dacting and measuring the Defendant's dacting and measuring the Defendant's dacting and measuring the Defendant's dacting and measuring the Defendant's dacting and measuring the Defendant's dacting and measuring the Defendant's dacting and measuring the Defendant's dacting and measuring the Defendant's dacting and measuring the Defendant's dacting and measuring the Defendant's oral statement at the time of this case's dacting and measuring the Defendant's dacting and measuring the Defendant's dacting and measuring the Defendant's oral statement at the time of this case's dacting and making it difficult to view the Defendant's dacting and measuring the Defendant's oral statement at the time of this case's investigation (this case's dacting and measuring the Defendant's dacting and measuring the Defendant's dacting.

Therefore, the facts charged in this part should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act, but in this part of the facts charged [see Supreme Court Decision 2008Do9182 delivered on December 11, 2008, which held that "the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by drinking is a special case for the crime of occupational negligence and bodily injury as provided in Article 268 of the Criminal Act, and thus, if the crime is established, the crime of violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents with the content that the driver of the vehicle commits the crime as provided in Article 268 of the Criminal Act shall not constitute a separate crime by absorbing the crime], so long as the defendant is found guilty of the crime of violation of the Act on the Aggravated Punishment, etc. of Traffic Accidents, it shall not be pronounced not

Judges Yoon Jae-ju