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

On December 21, 2012, the Defendant driven a car to be 0.05% or more of alcohol content, but less than 0.10%, while under the influence of alcohol on 02:20% or less, and proceeded one way in front of the community credit cooperatives in Gwangju Seo-gu, Seo-gu, Gwangju, with a speed of about 40km from the edge of the office street.

At the time of the Defendant’s vehicle, the Victim C(47 years old) driver’s car was in progress, and in such a case, the Defendant had a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system of the Defendant’s vehicle.

Nevertheless, the Defendant, while neglecting this, led to the shocker of the damaged car to reduce the speed of intending to pass by the speed due to negligence while under the influence of alcohol.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as the pipe and tension of the part of the wooden part requiring medical treatment for about two weeks, and at the same time, escaped without immediately stopping the damaged vehicle to the extent that it damages approximately KRW 1,107,256 of the repair cost, and without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis and written estimate;

1. An initial action plan, a situation report, and a survey report on the actual condition at the scene of a traffic accident;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;