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

[2017 Highest 2655] Defendant is a person who is engaged in driving a BST7 car.

On December 8, 2017, the Defendant driven the said car under the influence of alcohol content of 0.134% from blood transfusion around 21:00, and proceeded at a speed of about 30 km as soon as possible from the location of the passenger bus terminal located in the Heung-gu Seoul Special Metropolitan City, Cheongju-si, along the two-lanes from the three-lanes of the roads in front of the D Hospital in the Heung-gu Seoul Special Metropolitan City.

In this case, the driver of the vehicle has a duty of care to take the front side and the left side well and to accurately manipulate the steering and brakes so as to prevent the accident in advance.

Nevertheless, the Defendant neglected to stop and proceeded along the same lane and received the back portion of the F&L car of the victim E (33) driving, which was under the same stop at the same lane, in front of the above SM7 passenger car.

After all, the Defendant driven the said SM7 car in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt, tension, etc. of the trend that requires approximately two weeks medical treatment to the victim.

[2018 Highest 491] On March 11, 2018, the Defendant driven a BM7 car without the driver’s license for the vehicle from March 11, 2018 to the 17rd and lower-class roads of the 17rd in front of the Chungcheong Education Museum in the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Investigation report (report on the circumstances of the driver in charge) and report on the circumstances of the driver in charge;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. A driver's license inquiry;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.