A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【The Defendant was issued a summary order of KRW 4 million on September 27, 2012 by the Seoul Central District Court to a fine of KRW 4 million due to a violation of road traffic laws (driving), and a fine of KRW 4 million on July 1, 2014 by the Seoul Northern District Court.

[Criminal Facts]

1. On February 21, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven a BMW 118d car with alcohol concentration of 0.149% in the blood transfusion around 03:03, and led the Defendant to drive BMW 118d car while driving the BM 118d car in the direction of the entry of the Seongbuk-gu Seoul Metropolitan Government front road into the Hansung-gu Han River, along the direction of the entry of the sexual passenger.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly operating the front hour and accurately operating the steering and brake system.

Nevertheless, under the influence of alcohol, the defendant's negligence of driving the vehicle in front of the defendant's driving vehicle is shocked by the rear part of the victim D(33 cc)'s lurbed vehicle in front of the direction of the defendant's driving.

As a result, the Defendant suffered injury to the victim due to occupational negligence, which requires approximately two weeks of medical treatment, due to occupational negligence while driving a normal driving under the influence of alcohol.

2. On February 21, 2018, the Defendant was under the influence of alcohol content of 0.149% in blood at around 03:03 on February 21, 2018, driving BMW 118d vehicles from the front side of Seongbuk-gu Seoul to the front road of Seongbuk-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Reports (1), (2) on traffic accidents;

1. A medical certificate;

1. A report on the detection of a primary driver;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

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