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

The Defendant is a person engaging in driving a BMW car.

On January 22, 2015, at around 00:50, the Defendant driven the said car while under the influence of alcohol with 0.140% of blood alcohol concentration, and continued the front intersection of Guro-gu Seoul Metropolitan Government to the Gu-ro basin from the erogate.

At night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by checking the front side well.

Nevertheless, when the defendant neglected to do so while driving so, he was driven by the victim D (the 49-year-old) driving in front of the defendant's vehicle in front of the victim D(the 49-year-old).

As a result, the Defendant, by negligence in the course of performing the above duties, suffered from the strokes, etc. of the bones of wood that requires treatment for about two weeks, and at the same time, did not take necessary measures, such as destroying the 806,478 won of the above taxi to rescue the victim, and escaped from the scene without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of statement by the police about D (Simplified traffic);

1. Investigation report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, report on the detection of a drinking driver, statement in the circumstances of a drinking driver, and investigation report (report on the examination of blood alcohol concentration of a suspect);

1. Application of Acts and subordinate statutes to a written diagnosis and written estimate of preparation of a doctor;

1. The point of escape after the death or injury caused by occupational negligence in relation to the crime concerned: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: The point of a drunk driving under Articles 148 and 54 (1) of the Road Traffic Act: Article 148-2 (2) 2 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;