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. 도로교통법위반(음주운전) 피고인은 2014. 12. 8. 00:30경 안성시 공도읍에 있는 꼬꼬댁 갈비집 앞 도로에서부터 평택시 B에 있는 C공업사 앞 도로에 이르기까지 약 10km 구간에서 혈중알콜농도 0.253%의 술에 취한 상태로 D 벤츠 승용차를 운전하였다.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) was a person engaged in driving a car of Dbenz. On December 8, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.253% around 00:30, while under the influence of alcohol, and led the Defendant to drive the said car along two-lanes in front of the C industry company located in Pyeongtaek-si from the right side to right side from the right side of the road. On the other hand, there was an intersection at the front side of the vehicle and there was a preceding vehicle, and thus, the driver of the vehicle had a duty of care to safely look at the front side and prevent the accident from being driven by the Defendant. Notwithstanding the fact that the Defendant was negligent in driving due to the influence of alcohol and caused the Defendant’s injury to the Defendant, such as the Defendant’s driver and the Defendant’s injury in front of the vehicle and the Defendant’s injury to the Defendant’s 3rd in front of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report on the actual condition of traffic accidents, field photographs of traffic accidents, notification of the results of the regulation of drinking driving, and application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;