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

[criminal history] On May 4, 2015, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) in the Daegu District Court Kimcheon-cheon Branch of the Daegu District Court on May 4, 2015 and KRW 5 million for the same crime in the same court on June 30, 2015.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a motor vehicle B in high-priced car.

On January 29, 2017, the Defendant, while under the influence of alcohol 03:20% during blood transfusion, was in an inaccurate state of alcohol 0.159%, 0.159%, was influenite, walked with heavy snow, and so it is difficult to drive the vehicle normally. However, even though it is difficult to drive the vehicle normally, the Defendant operated the vehicle on the side of the fish gate in the boundary of the Japanese Hospital according to three lanes along with the three lanes on the road in front of D in Kimcheon-si, Kimcheon-si.

A person engaged in driving of a motor vehicle has a duty of care to ensure that he/she shall not drive a motor vehicle at a speed or in such a manner as to inflict any danger and injury on others by accurately operating the steering system, brakes, and other devices of the motor vehicle.

Nevertheless, the Defendant was negligent in neglecting it, and received the street lamps, etc. installed on the right side of the road and the street trees, etc. from the front part of the vehicle driving by the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and caused the victim E (the 22 years old) who was on the top of the operation of the said car to suffer injury, such as the blood transfusion, which requires approximately six weeks of medical treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the said vehicle at a section of about 1km from the Do in front of the Nong-ri-ri-dong located in Gyeongcheon-si, Kimcheon-si to the above accident site while under the influence of alcohol content of 0.159% during the above day.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.