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

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

Punishment of the crime

"2016 Highest 312"

1. On November 9, 2015, the Defendant driving a DNA car under the influence of alcohol concentration of about 0.139% in the section of approximately 6km from the 02:30 on the road in the Yong-gu Incheon Metropolitan City, Seo-gu, Incheon, to the road at approximately 15km-dong Seoul Highway (Seoul).

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaging in driving a DNA car.

On November 9, 2015, the Defendant, at around 02:50, proceeded at a speed of about 60 km from Incheon to Seoul along the two-lanes of the road in the direction of Seoul, which is about 4-lanes of the Seoul metropolitan direction, as indicated in the above paragraph 1.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to thoroughly keep the front time and secure a safety distance in order to prevent accidents in advance.

그럼에도 불구하고 피고인은 이를 게을리 한 채 위 1 항과 같이 술에 만취하여 정상적인 운전이 곤란한 상태에서 전방 주시를 태만 히 한 과실로, 앞에서 진행하고 있던 피해자 E(65 세) 가 운전하는 F 봉고 화물차 뒷 범퍼 부분을, 위 렉 서스 승용차의 앞 범퍼 부분으로 들이받아, 그 충격으로 위 봉고 화물차가 오른쪽으로 튕겨 나가 갓길에 설치된 목재 방음벽을 들이받게 하였다.

Ultimately, the Defendant suffered injury to the victim, such as “understanding an external wound without an open head,” which requires approximately six weeks of medical treatment due to such occupational negligence.

"2016 Highest 598"

1. On November 9, 2015, the Defendant interfered with the performance of official duties: (a) on the front side of the Seocheon-si, Seocheon-si, Seocheon-si, the 170 Domcheon-do University was in front of the Seocheon-si, Seocheon-do University. In order to treat traffic accidents that occur while driving under drinking, the Defendant measured the collection of blood to the slope He belongs to the G of the Incheon National Police Agency, who sent the Defendant to an emergency room.