A defendant shall be punished by imprisonment for six 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

The Defendant is a person engaging in driving a car BM520.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Aggravated Punishment, etc.”) around 05:42 on December 29, 2015, the Defendant continued to drive the said vehicle in a state where it is difficult to drive the vehicle normally due to the alcohol concentration of 0.115% under the ground level from the first basement level in the direction of the second basement level.

In this case, a person engaged in driving of a vehicle has a duty of care to safely drive the steering gear, brake system, etc. in a correct manner, and prevent all traffic accidents from occurring.

Nevertheless, when the Defendant neglected to do so due to negligence while driving the vehicle, the Defendant received the back side part of the E-motor vehicle driving of the victim D(34 years old) driving from the second underground to the first underground floor from the second underground level under the influence of alcohol as the front part of the Defendant’s vehicle.

The Defendant suffered injury to the victim, such as salt ties, tensions, etc., which require approximately two weeks of medical treatment by occupational negligence.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said vehicle under the influence of alcohol by 0.115% at a distance of about 200 meters from the front side of the bridge located in Chungcheongnam-dong at the same time, such as the statement in the preceding paragraph, to the point of the said accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as a survey report on actual condition, on-site photographs, a report on the circumstantial statement of a drinking driver, a notice of the results of the crackdown on drinking driving,

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act: