A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[criminal power] On September 26, 2006, the Defendant received a summary order of a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on September 26, 2006. On February 13, 2009, the same court was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving). On November 12, 2014, the same court filed a request for a summary order of 6 million won for a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 08:50 on November 1, 2014, the Defendant driven a B rocketing car under the influence of alcohol leveling 0.161% from the section of approximately 2km from the 2km-dong in Gangnam-gu Seoul Metropolitan Government to the sexual intercourse in Seongdong-gu in Seongdong-gu.

Accordingly, the defendant was punished for a violation of the Road Traffic Act at least twice, and driving a motor vehicle under the influence of alcohol again.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) was driven by the said car while under the influence of alcohol at the same time as in paragraph (1) of the same Article and led the road of three-lanes above the Sungdong-gu Seoul Metropolitan Government Sungdong-gu toward the northwest side from the south side of the Sung River-do.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as indicating the traffic situation at the front time, accurately operating the steering and brakes.

Nevertheless, the Defendant neglected to do so and did not see the front section of the car while under the influence of alcohol as above, and thereby took the front part of the car of the Defendant, which was driven by C(44 years old) under the signal atmosphere at three-lanes in the same direction.