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

[criminal history] On September 28, 2006, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating road traffic laws in the Changwon District Court's Tong-gu branch on September 28, 2006, and the Defendant was sentenced to a suspended sentence of six months and two years for a violation of road traffic laws in the Changwon District Court's Tong-gu branch on December 30, 2008.

[Criminal facts] The Defendant is a person engaging in driving a benz car.

On April 9, 2017, the Defendant driven the above vehicle on the front road D located in Tong Young-si, through the influence of alcohol level of 0.107% among the blood transfusion around 04:50 on April 9, 2017, and led to two-lanes among three-lanes in the direction of death at the front side of the original language.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to safely drive the motor vehicle and prevent the accident in advance, such as keeping the traffic situation well and accurately operating the steering gear, brakes and other devices of the motor vehicle.

Nevertheless, in a situation where normal driving is difficult due to influence of drinking, the Defendant neglected to perform the above duty of care and negligently driven on the front side of the vehicle and led the victim E (46 ) who was in the atmosphere of the signal at the front side of the vehicle. The Defendant followed the FJ car, which was driven by the victim E (46 ) to the front part of the benz car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., in need of approximately three weeks of treatment on the part of the victim in the above occupational field and room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident scene;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Investigation report (verification of video recording of black boxes);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of such previous history, summary order, and text of judgment);

1. Relevant provisions of the Act concerning facts constituting an offense;