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

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

Punishment of the crime

1. Around 01:50 on August 12, 2014, the Defendant used BM car under the influence of alcohol with a blood alcohol concentration of approximately 0.127% from approximately 200 meters from the 200-meter radius to the front road of the Gyeongnam-gu, Macheon-dong, Changwon-si, Seoul Special Metropolitan City, at around 01:50 on the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol by 0.127% at the above time, the Defendant driven the said car with no central line in front of the Gyeong-gu, Jink-gu, Jin-gu, Changwon-si, with a speed of about 40km from the apartment on the side of the Gannam-do, Gannam-do.

It is a road without a central line and at night and difficult at the time, so in such a case, the driver of the vehicle has a duty of care to confirm safety by checking well the front side and drive the vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, received the victim C(58 years of age) who walked on the right-hand side of the running direction, facing each other on the road, and had the victim C(58 years of age) go beyond the floor.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, resulting in the victim’s cutting down and closing down between the right-hand edges in need of treatment for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act No. 1 to 6, and No. 8, the evidence list submitted by the prosecutor

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;