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 October 8, 2008, the Defendant was sentenced to a fine of one million won for the violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court on October 8, 2008, and was sentenced to a fine of 1.5 million won for the same crime in the same court on the same day.

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person who is engaged in driving a vehicle B.

On June 22, 2019, the Defendant driven the above vehicle while under the influence of alcohol 0.142% of blood alcohol concentration around 21:38, and led to the progress of the road in front of the Seoul Special Metropolitan City, Gwanak-gu, Seoul to the new forest intersection from the gate to the new forest intersection at an aesthetic speed.

At the time, a crosswalk is installed at night and without any signal apparatus, and in such case, there was a duty of care to safely drive the crosswalk by checking the front door and the left and right of the person engaged in driving the motor vehicle well.

Nevertheless, the defendant neglected this and went on the right side of the victim D (W, age 81) who walked along the crosswalk from the right side of the defendant's vehicle driving direction to the left side of the crosswalk, due to the negligence of the defendant's neglect of alcohol, and shocked the front part of the above defendant's vehicle.

As a result, the Defendant was negligent in driving a vehicle in breach of duty of care in a state where normal driving is difficult due to drinking, and the Defendant suffered injury, such as a light fluoral dye, etc., for about two weeks.

2. On June 22, 2019, the Defendant was under the influence of alcohol by 0.142% on blood alcohol level on the road of Seoul Gwanak-gu, Seoul Special Metropolitan City, through G Hospital located in Seoul Special Metropolitan City, and operated B SP vehicle at a section of approximately 3.5km from the 3.5km to the I Hospital located in Dongjak-gu, Seoul Special Metropolitan City.

Accordingly, the defendant is a person who has violated the prohibition of drunk driving not less than twice and is under the influence of alcohol.