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.

Punishment of the crime

1. On January 24, 2008, the Defendant was sentenced to a fine of KRW 500,000 to a fine of KRW 500,000 as a crime of violating the Road Traffic Act (driving) at a high-level district court of the Jung-gu, Seoul, and a fine of KRW 1,50,000 to a fine of KRW 1,50,000,000 for the same crime in the support to Sungnam, Dogwon method

On January 12, 2018, the Defendant was under the influence of alcohol content of 0.104% during blood transfusions around 00:05, and was driving the EMW car at approximately 13km from the 13km section to the main roads adjacent to Gangnam-gu Seoul Metropolitan Government D, Yongsan-gu, Seoul.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol.

2. The Defendant is a person who is engaged in driving a vehicle with BMW in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On January 12, 2018, at around 00:05, the Defendant driven the said BMW car with a alcohol content of 0.104% 0.104% in blood, and proceeded along three lanes at the speed of about 90 km in the speed of speed in the air with the eth of about 90 km in the ethical area of Gangnam-gu Seoul Metropolitan Government D, as the Defendant was under the influence of alcohol during blood.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to take into account the traffic conditions of the road, the operation status of other motor vehicles, maintain the proper speed, and safely drive the steering gear and brakes by accurately manipulating them so as to prevent accidents in advance.

Nevertheless, the Defendant was negligent in neglecting the above duty of care in a state where normal driving is difficult under the influence of alcohol, while driving a vehicle in excess of the fixed speed and driving on the stroke, and failed to properly drive the vehicle on the stroke. The Defendant did not discover a passenger car of the victim FF (n. 44 years old) driving on the same side at the front bank of the Defendant and did not discover a passenger car of the said BMW driving on the front part of the said BMW vehicle.