A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person driving B automobiles as a duty.

On May 19, 2013, the Defendant driven the said car while under the influence of alcohol concentration in a fluenous blood, and led to the flow of the road upstream of the Gucheon Dam in the Dongcheon-gu, Dongcheon-gu, Seoul.

Since there was a road bended to the right side of one lane, a person engaged in driving of a motor vehicle has a duty of care to see a clear mind and safely drive the motor vehicle along the lane to prevent the occurrence of traffic accidents.

Nevertheless, the Defendant left the car line by negligence while driving the car while under the influence of alcohol as above and got the victim C (55 years old) who was boarding the car at the driver's assistant seat of the said car to the right-hand forest for the direction of proceeding.

2. Around 00:40 on May 20, 2013, the Defendant violated the Road Traffic Act (refluence of the noise measurement) was asked by G during the course of a police box of the Saby Police Station, which was dispatched after receiving a report of a traffic accident on the vehicle B owned by the Defendant, located at an emergency room of the E Hospital located at the Saby City D on May 23:30, 2013, at the same time, on May 19, 2013.

At the time, the defendant was able to recognize that he was driving under the influence of alcohol, such as fluoring off the questions of the above G, fluoring off the nature of pedestrians, fluoring the face and snow, and fluoring the smell, etc., and continued to request the Inspector G to measure the alcohol without justifiable grounds, but did not comply with the request without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, the occupation and injury caused by occupational negligence under Article 268 of the Criminal Act.