A defendant shall be punished by imprisonment for six 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 person who is engaged in the operation of the BM6 car.

On October 14, 2018, the Defendant driven the said car while under the influence of alcohol of 0.123% of the blood alcohol concentration around 01:30 on October 14, 2018, and continued to drive the said car at a speed of about 30 km from the direction of sublimgynoid distance to the gale-distance distance along the Seo-gu Daejeon Metropolitan Government.

There was a duty of care to prevent accidents in advance by safely driving according to the traffic signal by reducing speed and checking the front side of the vehicle driving service.

Nevertheless, the Defendant neglected this and proceeded in the process of driving a vehicle under the influence of alcohol, which led to the failure of the Defendant to violate the vehicle stop signal, to the right-hand side of the victim C (Nam, 62 years old) driving under the vehicle moving signal from the direction-hand side of the Defendant’s proceeding to the right-hand side of the Defendant’s vehicle.

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as plekeing, closed, etc. to the victim C, who is the passenger of the damaged vehicle, and the victim E (the 20-year-old) who is the passenger of the damaged vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as traffic accident report (1) (2), report on the circumstantial statement of a host driver, copy of a medical certificate (E), and medical certificate (C);

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the relevant criminal facts;

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

1. Selection of each sentence of imprisonment with prison labor;

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