A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 11, 2015, the Defendant was under the influence of alcohol of 0.112% from blood alcohol level on July 11, 2015, and the Defendant was driving a C Costaex passenger, and was driving in accordance with three-lanes in the direction of 0.12% from the front intersection of the Seoul and the front intersection line 108.6 km from the front intersection line of the C Costachin Road, which is located in the C Costachian-gu.

A person engaged in driving service is not driving in a state where normal driving is difficult due to the influence of alcohol or drugs, is thoroughly engaged in driving on the front side, and has a duty of care to safely drive the vehicle within the tunnel.

그럼에도, 피고인은 위와 같이 술에 취한 나머지 만연히 3차로에서 2차로로 급히 진로를 변경하였다가 2차로에서 앞서 진행 중이던 피해자 D(37세) 운전의 E 포터2 화물차를 뒤늦게 발견하고 충돌을 피하고자 다시 1차로로 급히 진로변경을 한 과실로, 피고인 운전 승합차가 중심을 잃고 휘청거리면서 터널 좌측 옹벽을 피고인 운전 승합차 운전석 부분으로 들이받게 하고, 그 충격으로 피고인 운전 승합차가 우측으로 튕겨나가면서 피해자 운전 화물차 운전석 부분을 피고인 운전 승합차 조수석 부분으로 들이받도록 하여 피해자 운전 화물차가 중심을 잃고 위 터널 좌측 옹벽을 들이받도록 하였다.

As a result, the Defendant driven in a state where normal driving is difficult due to the influence of alcohol, and caused the victim D to die with two traumas on the same day at around 07:30 on the same day, and at the same time, the Defendant suffered injury to the victim FF (the age of 23) who was accompanied by the Defendant’s driver’s knife for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and F;

1. Reports on traffic accidents, reports on the actual state of the driver concerned, reports on the actual state of the driver concerned, and investigation reports;

1. Notification of the results of the drinking driving control;