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 of the final judgment.

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car with a gallon in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving)

On January 17, 2014, the Defendant driven the said car at around 17:00, and led to the driving of the said car to the upper agency on the same side of the road from the same side of the 193rd road every day on the same side.

At that time, the Defendant, while under the influence of alcohol content 0.129%, was in an inaccurate state of drinking, fluening alcohol within 1m, and having difficulty in normal driving under the influence of alcohol. At that time, on the road, the victim D (the age of 88) was in walking on the road. In such a case, the Defendant was prohibited from driving the vehicle, and when driving the vehicle, the Defendant had a duty of care to check the victim's movement and accurately manipulate the steering direction and brake system, thereby preventing accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the steering gear, but failed to operate the steering gear properly, and the Defendant was faced with the victim on the front part of the car in front of the Defendant’s driving.

As above, the Defendant, while driving under a difficult condition due to influence of drinking, sustained injury to the victim, such as pulverization of the right flavers in need of treatment for about 12 weeks.

2. The Defendant violated the Road Traffic Act (driving) driven a car with a gallon in the section of about 5 km from the Han River cafeteria-gun, Hanwon-gun, Hanwon-gun to the place indicated in paragraph (1), while under the influence of alcohol by 0.129% of the blood alcohol concentration at the time and time specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. A report on detection of a host driver;

1. Application of the Acts and subordinate statutes to the traffic accident report (1) (2);

1. The injury resulting from dangerous driving under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes which is applicable to the relevant criminal facts and the choice of punishment;