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

On July 25, 2015, the Defendant driven the said car under the influence of alcohol content of 0.085% among blood transfusions on July 25, 2015, and proceeded at a speed of about 41 to 50km in the direction of the city in the direction of the Pool apartment shooting distance from the direction of the Pool hotel in Gangnam-gu, Seoul.

Since there is a place that is not good at all times as it is getting off, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by operating the brake accurately and safely.

Nevertheless, the Defendant neglected to do so and passed away from the left side of the way to the right side of the victim C (39 years old) to the right side by negligence, and received the front part of the Defendant’s car.

As a result, the Defendant suffered an injury due to an accident as seen above, such as an injury caused to the victim during blood transfusion, etc. through which the victim could not know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A statement of the circumstances of the driver in charge, a record of pulmonary measurement, and a report on the detection of the driver in charge;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (verification of identity of a victim);

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the influence of drinking and the choice of imprisonment), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommended punishment] In the case of bodily injury in the area of special aggravation (8 to 3 years), the special aggravation area (the special aggravation of punishment) [the case of driving under drinking, etc. [the decision of sentence] while the defendant is driving under drinking.