A defendant shall be punished by imprisonment for one year.

2. Ex officio determination

A. Before determining the grounds for appeal by the Defendant, we examine ex officio the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) among the facts charged in

B. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) is established when a person is injured or killed by driving a motor vehicle while it is difficult to drive the motor vehicle under normal influence due to influence of alcohol. Unlike the crime of violation of the Road Traffic Act, the crime of violation of the same Act is established only when a driver is in a situation where normal driving is in difficult due to influence of alcohol, regardless of whether it exceeds the statutory minimum standard level of blood alcohol level, and is punished only when the driver actually suffers from bodily injury or death (see, e.g., Supreme Court Decision 2008Do7143, Nov. 13, 2008). Furthermore, the term "in a state where normal driving is difficult due to influence of alcohol," means not all cases where the driver is in a state of driving while driving the motor vehicle while driving the motor vehicle, but in general, a situation where it is difficult to drive the motor vehicle due to influence of alcohol, namely, a situation where the driver is unable to exercise the duty of due care or exercise ability.

In addition, the issue of whether or not there is such a situation is not only the driver's drinking level, alcohol smell, whether or not the driver can be placed immediately when speaking, whether or not the driver's situation such as the driver's behavior before and after the traffic accident, the circumstances of the traffic accident, and the traffic situation.