A defendant shall be punished by imprisonment for not more than ten 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 is a person who is engaged in driving a BM5 car.

On July 3, 2015, the Defendant driven the said car under the influence of alcohol level of 0.115% from blood alcohol level around 00:13, and driven the said car at the speed of 30 km from the border of the D gas station located in Osan City, at the speed of 40 km from the border of the same momb, along with three lanes in front of the D gas station located in Osan City.

A person engaged in driving service has a duty of care to verify and drive the career safety by properly examining the right and the right of the front.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle while driving it as it is and did not discover that the victim E (29 years old) was seated along the lane, and the Defendant was able to receive the victim, etc. by driving the vehicle in front of the vehicle driving.

Ultimately, even though the Defendant suffered from an injury, such as a sexual scarcity, etc., due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to F and E;

1. A report on the detection of a driver at the main place and a statement on the circumstances of the driving at the main place;

1. The screen by cutting off D gas stations ctv video images, CDs;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor, etc.;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act, and the mitigation area (from June to October) is mitigated after traffic accidents.