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

1. On September 17, 2009, the Defendant was issued a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act in an Ansan District Court’s Ansan Branch, etc., and on August 28, 2012, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the Incheon District Court’s Incheon District Court.

At around 22:50 on October 1, 2014, the Defendant driven BM5 car under the influence of alcohol level of about 0.131% in the 1km section from Gwangjin-gu Seoul Special Metropolitan City to the front road of about 494 (Dong Dong-dong).

As a result, the defendant was punished for the violation of the Road Traffic Act at least twice, and was driving a motor vehicle under the influence of alcohol again.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a BM5 car;

The Defendant driven the said three-lane of the car while under the influence of alcohol content of 0.131% from the Gu physician distance located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu(Dong) at the time and time set forth in paragraph (1) to drive the said car at a speed of about 30km per hour from the border of the children's large park, along one lane towards the Gu doctor distance.

At this point, there was an intersection where signal lights are installed on the front side, so in such a case, drivers are prohibited from driving a motor vehicle while normal driving is difficult due to influence of drinking, and there was a duty of care to reduce speed and accurately manipulate the steering and operating the steering system and prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and was negligent in driving at the front of the Defendant’s driver’s car, which was driven by the victim C(W, 42 years old) who is standing in the front of the Defendant’s vehicle due to the negligence while under the influence of alcohol.

Ultimately, the Defendant is guilty of occupational negligence as above.