A defendant shall be punished by imprisonment for not more than ten 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 August 30, 2012, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act by the Jeju District Court on the grounds of a violation of the Road Traffic Act, etc., and on October 2, 2013, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act at the Seoul Southern District Court on the grounds of a violation of the Road Traffic Act.

On December 1, 2017, at around 01:20, the Defendant driven CK7 car under the influence of alcohol concentration of about 0.197% at a section of about 500 meters near Seocho-gu Seoul Metropolitan Government Seocho-gu to the roads adjacent to the Seocho-gu Seoul Sungdong Hospital.

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

2. The defendant is a person engaging in driving service of the said car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

Defendant 1 driven the said car while under the influence of alcohol at the above time of the above day, and driven the road of five lanes in Do through the distribution of Seocho-gu Seoul Metropolitan Government into three-lanes from the beginning of the Seocho-gu.

In such cases, when a person engaged in driving of a motor vehicle follows another motor vehicle behind the motor vehicle traveling in the same direction, the motor vehicle traveling ahead of it has a duty of care to ensure the necessary distance to avoid collision with the motor vehicle traveling ahead of it and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(35) who driven a motor vehicle in front of the same lane by negligence while driving the motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of alcohol, such as the influence and face of the horses in an inaccurate, the Defendant was driven by the back part of the e-benz motor vehicle driving in front of the motor vehicle.

Ultimately, the defendant is driving normally due to the influence of drinking.