A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 3.5 million won.

However, imprisonment shall be executed for two years from the date the judgment becomes final and conclusive.

Criminal facts

On September 3, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and was sentenced to a fine of KRW 3 million for the same crime at the Seoul Eastern District Court on July 8, 201, and was sentenced to a summary order of KRW 3 million for the same crime at the Seoul Eastern District Court on September 21, 201, and was sentenced to a suspended sentence of one year for six months for the same crime at the same court on September 21, 2012.

The Defendant is a person engaged in driving a rocketing car.

피고인은 2019. 6. 8. 21:40경 혈중알코올농도 0.154%의 술에 취한 상태에서 위 승용차를 운전하여 여주시 C 앞 편도 2차로를 신륵사사거리 쪽에서 오학삼거리 쪽으로 진행하게 되었다.

In such cases, a person who is engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the operation of the operation and steering gear, and by accurately operating the operation and steering gear.

Nevertheless, as a result of the negligence of neglecting the defendant's duty, the utility model was entirely shocked on the right side of the front side of the car.

The Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, was damaged by various parts of the victim D (the age six) who was on board the motor vehicle for about one week in detail, which require medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on actual condition, inquiry on the results of the control of drinking driving, and application of Acts and subordinate statutes to medical certificates;

1. Penalty provisions: 5-11 [Selection of Imprisonment] of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037) / [Selection of fine]

1. Concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Detention at a workhouse: Article 70 (1) and Article 69 (2) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Community service order, etc.: Criminal Act 62-2;