A defendant shall be punished by imprisonment for not less than eight 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

1. On July 18, 2008, the Defendant received a summary order of KRW 1,50,000 from the Seoul Eastern District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act. On September 9, 201, the Seoul Central District Court received a summary order of KRW 1,50,000 as a fine for the same crime.

피고인은 2014. 4. 1. 19:50경 서울 송파구 충민로 52 (문정로)에 있는 가든파이브웍스 앞 도로에서부터 같은 구 동남로 4길 41 (문정동) 앞 도로에 이르기까지 약 1km 구간에서 혈중알코올농도 0.138%의 술에 취한 상태로 B 소나타 승용차를 운전하였다.

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

2. On April 1, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter referred to as the “Dangerous Building”) driven the said car under the influence of alcohol as described in paragraph (1) on the roads in front of broadband Building in Songpa-gu Seoul, Songpa-gu 4-ro 41 (Seodong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu

At that time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to care well for a person engaged in driving of a motor vehicle, and to refrain from driving a motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving, and the part of the rear wheels of the bicycle driven by the victim C (V, 57 years old) who was driving in the same direction as the Defendant was driven by the Defendant.

Ultimately, the Defendant, as seen above, is driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and is opening two in which the Defendant requires approximately six weeks of medical treatment to the victim.