A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) (hereinafter “Aggravated Punishment, etc.”) was committed by the Defendant on June 26, 2017, while driving the said franchise and driving the said vehicle at around 03:10, while driving the said vehicle at around the 03:0 of Jun. 26, 2017 and driving the said vehicle at the parallel of the Gu E-ro in front of the Sinsan City D at the parallel of the arm’s length distance from the C, the Defendant was negligent in failing to properly operate the brake system under the influence of alcohol and by failing to properly operate the brake system while it is difficult for the Defendant to drive the vehicle at a normal time, such as the flow of alcohol and the walk of the e-ro in front of the victim F (55 years old) who was waiting at the front of the vehicle, and caused the said e-mail and the victim H (35 years old) of the said vehicle to suffer injury to the said e-mail and the victim.

2. On June 26, 2017, the Defendant, while drinking alcohol around 03:00, was driven under the influence of alcohol, on the ground that: (a) the Defendant, while driving a vehicle by drinking alcohol at around 03:0, while driving the vehicle from the front side of the trade influence of the fluence-dong located in the Sinsan City, to the Gu E-mail located in Osan City, from the front side of the trade influence-dong in the Gu; and (b) the Defendant, upon receiving the report as described in paragraph (1), was making a traffic accident and was called after receiving the report, was driven under the influence of alcohol, such as drinking alcohol at the Defendant’s entrance by the police commander of the I police box,

Although a request for a measurement of drinking has been made due to reasonable grounds to determine the person, the person did not comply with the request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The survey report on actual condition, the report on the occurrence of traffic accidents, the notification of the results of crackdown on drinking driving, and the statement of the situation of the driver under driving;

1. A photograph demanding the measurement of drinking;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act concerning the crime (Abstinence of alcohol measurement).