A defendant shall be punished by imprisonment for one year.

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 history] The Defendant received a fine of KRW 1 million from the Seoul Eastern District Court on December 11, 2009 due to a violation of the Road Traffic Act (driving) at the Incheon District Court, and KRW 5 million from the same crime on July 5, 2013.

[Criminal facts]

1. On April 16, 2018, the Defendant driving a burner car with B, while under the influence of alcohol concentration of 0.247% in blood at around 23:07 on April 16, 2018, and driving three-lanes in front of the Cheongguguro station located in Samsung-gu, Gangnam-gu, Seoul, 649, using three-lanes in front of the exit from the Cheonggurorogate to the center of Samsung Station.

At the time, there was an intersection in which signal apparatus was installed at night and at the front of the road, so there was a duty of care to observe the lane and to prevent accidents in advance by safely driving the person engaged in driving service.

Nevertheless, the Defendant neglected it while under the influence of alcohol and changed the lane into the three-lanes, caused the Defendant to go along the three-lanes of the Victim C (Y, 28 years old) driving along the three-lanes, followed the left side of the victim C-Wz car, and led to the impact of the fences on the right side of the butter car.

As a result, the Defendant driven a lele-car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as brain-dead, which does not have any open room within the head requiring approximately two weeks medical treatment.

2. While Defendant 1 was under the influence of alcohol concentration of 0.247% in blood during the above day at the same time, Defendant 2 driven a burner car with a seal in the section of about 1 km from the influent road in Gangnam-gu Cheongdamdong to the place of accident from the road in which the accident occurred.

Therefore, even though the Defendant violated the prohibition on drinking at least twice, the Defendant was driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Defendant’s legal statement

1. A written statement on the occurrence of C traffic accidents;

1. A medical certificate;