The defendant is a person who is engaged in driving a C-L car.

On October 22, 2017, the Defendant driven the above vehicle while under the influence of alcohol content 0.139% during blood transfusion 0:55 on October 22, 2017, and led the Defendant to proceed with the tunnel of national road title tunnels No. 44 located in Gangwon-do, Gangwon-do.

There are two-lanes in tunnels where a yellow solid line is installed, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering system, brake system, etc. of the vehicle and by accurately manipulating the steering system, brake system of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant failed to discover the bicycles that run in the same direction according to the right side in front of the direction, and did not drive the victim D(57) due to occupational negligence, which led the victim to collision with the part of the upper right side of the vehicle, thereby causing damage to the bicycle above the road.

Ultimately, even though the Defendant caused the victim to suffer injury such as the 4th brain (Mus) thalma in the number of days of treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. The application of Acts and subordinate statutes of subparagraph (D) and (1) of the report on actual condition, (2) of the report on actual condition, on-site photographs, inquiry into the results of crackdown on drinking driving, the report on the circumstances of the driver in charge, the report on internal investigation (related to attachment of black stuffs installed on the suspected vehicle), and the report on actual condition;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the selection of a sentence), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking and the selection of a sentence of imprisonment) concerning the crime;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act [the above two.].