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

[Criminal Power] On April 17, 2012, the Defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court for a violation of the Road Traffic Act (driving). On June 25, 2013, the Defendant was sentenced to a fine of KRW 5 million by the Seoul Central District Court for the same crime.

【Criminal Facts】

The defendant is a person who is engaged in driving of a machine tank B.

1. On July 6, 2014, at around 02:16, the Defendant driven the said vehicle under the influence of alcohol by 0.129% of blood alcohol concentration at the 2km section of approximately 2km from the Do before the stage of the interest box located in Bupyeong-gu Incheon Metropolitan City to the funeral of the Bupyeong-gu Incheon Metropolitan City.

2. From July 6, 2014, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) followed by three lanes from the direction of the Bupyeong-gu Incheon Metropolitan City to the speed of about 40km in the speed of about 64km from among three lanes in the direction of the Bupyeong-gu metropolitan market.

At night, the above place was set up and operated as a traffic island for the right-hand vehicle at the intersection of the six-lanes and the seven-lanes from each other. As such, the driver of such place had a duty of care to prevent traffic accidents by properly manipulating the front and rear, the left, and the steering gear and the brake system.

피고인은 이를 게을리 한 채 교통섬과의 간격을 적절히 유지하지 아니한 상태에서 진행하였고, 제1항 기재와 같이 술에 취하여 언행은 술 냄새가 많이 나고 더듬거리며, 보행은 비틀거리고, 혈색은 눈동자가 충혈되고 얼굴에 홍조가 있는 등 정상적인 운전히 곤란한 상태에서 운전한 업무상 과실로 교통섬에 설치된 화단을 위 승용차의 앞범퍼 오른쪽 부분으로 충격 한 후, 그 힘을 이기지 못하고 튕겨져 나가 피고인의 진행방향 2차로에서 신호를 대기하고 있던 피해자 C(56세)이 운전하는 D 쏘나타 택시의 오른쪽...