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

1. On February 6, 2012, the Defendant was issued a summary order of a fine of four million won at the Changwon District Court for a crime of violation of the Road Traffic Act, and the Defendant was issued a summary order of a fine of one million won at the same court around October 26, 2009.

2. Criminal facts are the driver of BMW car.

At around 20:20 on May 25, 2014, the Defendant, while under the influence of alcohol content 0.140%, driven the said vehicle on the one-lane one-lane of the two-lane, in the area of “Frinam Middle School,” the front way of the “Dongdong Apartment apartment” in Sungwon-si, Changwon-si, Sungnam-si.

A person engaged in the driving of a motor vehicle has a duty of care to live well before and after the vehicle and to prevent accidents by accurately manipulating the steering gear and brake system.

Nevertheless, the Defendant, by negligence while driving in a straight line with the above alcohol as it is, was shocked to the victim C (the 45-year-old driver), who was under a temporary suspension in the front line, and was faced with the said victim E (the 49-year-old driver) and the victim F (the 48-year-old driver), respectively, by shocking the backer of the victim C (the 45-year-old driver) in the front line.

Summary of Evidence

1. Defendant's legal statement;

1. The evidence list No. 1-12 submitted by the prosecutor

1. Records before judgment: Application of the above evidence list No. 15;

1. The relevant legal provision concerning the crime causing a traffic accident (Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act), the point of a drunk driving (Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, choice of imprisonment without prison labor or imprisonment for the violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;