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 driver of a Cioio car.

On April 23, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.116% without obtaining a driver’s license at around 05:55 on April 23, 2013, and the Defendant was driving the said vehicle at a speed of about 70 Kkm in front of the “new interest” in Daejeon Jung-gu, Daejeon.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and brake system in a full spirit.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and received waste, which was placed on the side by the left-hand part of the said car with the excessive operation of hand on the right-hand side, in the order of the lower-hand part of the said car.

Therefore, the Defendant suffered, due to the above occupational negligence, from the victim D (the age of 18) who was accompanied by the lower seat of the said car, about seven weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution (such as the one agreed with the victim and the one in depth) Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;