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

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is engaged in the driving of a vehicle BM5.

The Defendant, while under the influence of alcohol 0.149% on October 31, 2015, while driving the said vehicle at around 01:55, the Defendant, while driving the said vehicle and driving it in the direction of home death distance from the direction of the west-gu, Incheon, Seo-gu, Seo-gu, Seo-gu. Although the Defendant, while driving the vehicle, had a duty of care to safely handle the steering direction and brake devices while driving the vehicle and prevent accidents, the Defendant, while driving the vehicle, has a duty of care to safely operate the steering the steering direction and prevent accidents, due to negligence while driving the vehicle in a state where normal driving is difficult due to influence of alcohol, caused the victim D(52 years old) (the rear part of the Defendant’s driver’s vehicle) who stopped in the front line of the Defendant’s vehicle, with the front part of the Defendant’s driver’s five-way driver’s vehicle and the victim’s 2-day passenger vehicle waiting in the front line.

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

2. The Defendant violated the Road Traffic Act (drinking) driving a BM5 car under the influence of alcohol with 0.149% alcohol concentration in blood at the same time, at the same place as paragraph 1, and at the same time and place as set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of F, H and I;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol and a written statement of the situation of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of risk driving) as to the crime under the corresponding provision of the Act.