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

[criminal history] On August 21, 2014, the Defendant was sentenced to a fine of KRW 3 million for a crime of violation of road traffic law (drinking driving) in the Daejeon District Court’s Support on 2014, and a fine of KRW 5 million for the same crime at the Daejeon District Court on September 22, 2016, respectively.

[Criminal facts]

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) (hereinafter “Aggravated Punishment, etc.”) was committed by the Defendant on April 19, 201, while driving the said vehicle under the influence of alcohol level of 0.161% from blood around 00:10 on April 19, 2017, and driving the said vehicle under the influence of alcohol level of 0.161%, and driving the said vehicle at a three-lane speed above the 641-lane from the head of Suwon High School at the same time as the three-lane distance intersection in front of the Suwon High School. However, it is inaccurate that the Defendant was under the influence of alcohol and driving the said vehicle at the same time while it is difficult to drive the vehicle at a normal speed, such as a remote distance, the Defendant received from the victim D (2nd in front and the 2nd in front of the said two-way passenger taxi, etc., and received from the victim D (60 years old) in front and the two-day in front of the said passenger vehicle, respectively.

Accordingly, the defendant was driving a motor vehicle in a state where normal driving of the motor vehicle is difficult due to drinking, thereby causing injury to the victims.

2. The Defendant, who violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license), driven a C-burged vehicle under the influence of alcohol leveling 0.161% of alcohol level while under the influence of alcohol leveling 0.161%, without obtaining a driver’s license, from the 1km-dong, Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, the tunneling-dong, at the time of the above day to the place of the accident.

As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.