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 who is engaged in driving a radar car.

On October 19, 2012, the Defendant driven the said car while under the influence of alcohol 0.061% (commark application) with blood alcohol concentration around 01:10 on October 19, 2012, and led the said car to proceed three-lanes of the three-lane roads in front of 44-1, Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul, along the direction of the street basin from the boundary of the scenic region.

In such cases, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to care well and safely drive a motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while driving a scam, failed to drive the scam while driving, failed to take necessary measures, such as providing rescue to the victim by immediately stopping the 1,422,214 won of the repair cost, while the Defendant scamed the back part of the victim C (ma, 54 years old) driving with the front part of the said vehicle driven by the Defendant, resulting in the injury to the victim of the scam scam in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on traffic accidents and a report on actual condition;

1. Smoking photographs, places of drinking alcohol measurement, matters of drinking measurement, reports on detection of drinking drivers, circumstantial statements of drinking drivers, investigation reports (application of the Ramark and disposition of cancellation of license);

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article applicable to criminal facts;

(a) The escape after the injury caused by occupational negligence: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Point of a measure not taken after an accident: Articles 148 and 54(1) of the Road Traffic Act;

(c) point of a drunk driving: Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the crimes committed after the accident) shall be heavier;