A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On August 16, 2010, the Defendant was issued a summary order that imposes a fine of two million won for a crime of violating the Road Traffic Act (dacting driving) in the Incheon District Court’s Vice-Support.

[Criminal facts]

1. Around 07:05 on April 7, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused before the risk), driving a B-A-D motor vehicle, and driving a two-lane road in front of Gangnam-gu Seoul Metropolitan Government along the rollingn Station located along the two-lane.

Since there is a road where a central line is installed, the defendant driving a motor vehicle has a duty of care to pass along the right side of the center line.

Nevertheless, the Defendant neglected this and caused the negligence of the center line in a situation where normal driving is difficult due to influence of drinking, and the victim D(30 years old) who was stopping to turn to the right at one-lane of the traffic signal at the time, was shocked by the front driver of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately three weeks of medical treatment due to occupational negligence as above.

2. The Defendant, at the time and place specified in paragraph 1, was voluntarily accompanied by the Gangnam-gu Police Station’s office located in Samsung-dong, Gangnam-gu, Seoul, in a traffic accident, such as the date and place specified in paragraph 1.

On April 7, 2016, the Defendant driven a motor vehicle under the influence of alcohol by a police officer F belonging to the above police station, while driving the motor vehicle under the influence of alcohol, such as that the Defendant gets red on the face of the police officer F of the above police station, and the walking distance is clear.

If there are reasonable grounds to determine a person, he/she was requested to comply with a drinking test by inserting the whole in a drinking measuring instrument, but it was refused. A second drinking test on the same day at around 07:45, and a third drinking test on the same day, a third drinking test on around 07:50, and a fourth drinking test on the same day;