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.

Criminal facts

The Defendant is a person who is engaged in driving a K5-car.

On January 31, 2018, the Defendant driven the said vehicle while under the influence of alcohol of 0.230% during the period of driver's license (from October 14, 2017 to January 31, 2018), which is the regular period of driver's license (from October 14, 2017 to January 31, 2018), and driven the said vehicle in the state of alcohol concentration of 0.230% during blood transfusions, and proceeds in the direction of light-distance from the direction of visible distance along the three-lanes, while driving the said vehicle in the direction of light-distance.

At the same time, the victim C(n, 23 years old) driving was in a direct position in the same direction. As such, the Defendant engaged in driving service had a duty of care to safely change the course by accurately manipulating the steering gear and operating the steering gear while living well before and after the end.

Nevertheless, under the influence of alcohol, Defendant 1 was negligent in changing the car line as it is, and thereby, Defendant 2 received the front part of the passenger car in front of the right-hand part of the said car from Defendant 2.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, resulting in the victim's brain-dead treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The report of a traffic accident, the report on the situation of the driver at the main place, the report on the detection of the driver at each main place, the written appraisal of alcohol during blood, the details of disposition of suspension of driver's license, the ledger of driver's licenses, and the next inquiry;

1. Vehicle photographs;

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

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code, respectively.