A defendant shall be punished by imprisonment for not more than ten 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

On September 26, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Ulsan District Court on September 26, 2008, and was sentenced to a fine of 4 million won for a violation of the Road Traffic Act at the Ulsan District Court on November 28, 201.

The defendant is a person who is engaged in driving of a motor vehicle in C SP area.

On March 13, 2014, at around 03:20, the Defendant driven the said car while under the influence of alcohol of 0.157% of alcohol concentration, and driven the road at the entrance of the upstream prevention sub-road in Ulsan-gu, Ulsan-gu, Seoul-do, along the three-lanes from the economic promotion center to the Ulsan Airport.

Since the defendant changed the two lanes from the three-lane to the two-lane in order to enter the road at the time, the driver of the vehicle has a duty of care to prevent the accident by driving the vehicle in a safe way.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, caused the death of the victim D(40 years of age) who was on board the Defendant’s vehicle by shocking the dives of the front part of the Defendant’s vehicle in front of the driver’s vehicle, and was on March 13, 2014 at the Donggdong Hospital located in Ulsan-gu, Ulsan-gu, Seoul, 239, which led to the death of the victim of the Defendant’s vehicle with a multiple organ.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

1. Report on detection of a host driver, and report on the status of a host driver;

1. A death certificate;

1. Previous records of judgment: Application of inquiry reports including criminal records, and investigation reports (Attachment to the same type of criminal records and a copy of the judgment);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of drinking and driving, the choice of imprisonment) concerning criminal facts;

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