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

On August 31, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law (drinking driving) at the Seoul Western District Court on August 31, 2007, and a fine of KRW 5 million for the same crime at the Seoul Southern District Court on January 19, 2012.

Criminal facts

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

On February 25, 2016, the Defendant driven the above vehicle under the influence of alcohol level of 0.13% in the blood, while driving the vehicle at the influence of alcohol level of 21:15 on February 25, 2016, and driven the front road in front of the luminous Police Station, digital at the time of luminous, along the three-lanes of the police station, at a three-lane distance from the boundary of the steel industry.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive a motor vehicle by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected this and failed to discover the victim C(60 years old) driving at the time when it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, and due to the negligence of driving the said benz car, received the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered from the injury of the victim C and the victim E (e.g., 58 years old) who was on board the said passenger car due to the above occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written diagnosis and written estimate;

1. A traffic accident report and a situation report on the driver of the relevant driving school;

1. Photographs of vehicles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Commercial concurrence;