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

The defendant is a person who is engaged in driving a BM7 car.

On July 29, 2014, the Defendant driven the said car under the influence of alcohol of 0.181% with a blood alcohol concentration of 0.22:45, and led to the driving of the said car at a speed of at least 30 km from the border of Yongsan-gu Seoul, Yongsan-gu, Seoul, at a speed of at least 30 km per hour, along the four-lane from the border of the Han River.

At night, the victim C(70 years of age) driven by the above victim C (70 years of age) was driven by the vehicle, so in such a case, the driver of the vehicle had a duty of care to prevent the accident by accurately manipulating the steering gear and accurately manipulating the steering gear.

Nevertheless, the Defendant neglected this and found the remainder of the taxi under the influence of alcohol late and failed to properly operate the brake system, and received the part behind the said taxi as the front part of the said car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Traffic accident report, actual condition survey report, report on detection of a drinking driver, and circumstantial statement of a drinking driver;

1. Application of the legislation in its opinion;

1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated as concurrent crimes within the scope of adding up the long-term punishments of two crimes, which are prescribed for the crime resulting in death or injury at risk, and the punishment shall be imposed;