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

Punishment of the crime

On December 14, 2016, the Defendant driven a C-wing truck at approximately 4 km from the front day of the Defendant’s house located in Seojin-gu Seoul Metropolitan Area B, Jeonjin-gu to the same unit, under the influence of alcohol content of 0.305% during blood transfusion around 21:45 on December 14, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation ( blood collection);

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

1. Relevant Article 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for a traffic accident report and facts constituting an offense subject to the application of Acts and subordinate statutes related to field pictures, and the selection of a punishment by imprisonment;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Reduction of Small Quantity Mitigation has already been sentenced to a fine twice due to drinking driving. At the time of driving of the instant case, the Defendant, upon the occurrence of a traffic accident causing collision between vehicles parked on the road, reported to 112 by the victim after the Defendant escaped. The Defendant, in the course of the said escape, caused a second accident leading to shocking the chemical group again installed on the road at the center of the road, and led to an accident where the Defendant driven the dump truck parkeded on the road beyond the opposite part to the left-hand side, and caused the death of the Defendant who was sentenced to a suspended sentence on April 24, 2012, by driving the so-called dump truck without a driver’s license on construction machinery, taking into account the following circumstances: the Defendant’s age and living environment at the time of driving and other alcohol level;