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

The defendant is a person who is engaged in driving a passenger car Benz S50.

On October 11, 2016, the Defendant driven the said car under the influence of alcohol level of 0.172% during blood transfusion around 15:50 on October 11, 2016, and led the roads of both Pyeong-gun C to proceed about about 70 km in the direction of common use from the two sides of both sides.

The defendant, who is engaged in driving of motor vehicles, has a duty of care to prevent accidents by driving motor vehicles at a safe speed and method while living well on the right side.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the car driving by the Defendant, following the left-hand part of the ENA car driven by the victim D (W, 47 years old) who had been negligent in driving the car.

Ultimately, even though the Defendant suffered injury, such as brain-dead, etc., to the victim for about two weeks of medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning the scene photographs and black stuffs images;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act (the point of drinking), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of drinking) and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The basic area (from August to one year and six months) of the first type (the escape after injury) after traffic accidents.