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 driving a radar car.

피고인은 2015. 4. 24. 06:30경 혈중알콜농도 0.121%의 술에 취하여 정상적인 운전이 불가능한 상태에서 위 레이 승용차를 운전하여 화성시에 있는 경부고속도로 부산방향 386km 지점에 이르러, 술에 취하여 졸음운전한 과실로 오른쪽 갓길에 설치된 가드레일을 레이 승용차의 오른쪽 옆면 부분으로 들이받고, 이로 인해 레이 승용차가 왼쪽으로 튕겨나가면서 4차로를 따라 정상진행 중이던 C 오피러스 승용차의 조수석 앞 범퍼 부분을 레이 승용차의 왼쪽 옆면 부분으로 충격하였다.

Ultimately, the Defendant inflicted injury on the victim D(74) and the victim E (66 years old), who is a driver of the motor vehicle due to the above occupational negligence, by causing approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A photograph of an accident vehicle;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Where there occurs a minor injury in the basic area (referring to April to October) (referring to a person subject to special mitigation) of the category 1 of general traffic accident (referring to the scope of recommendation) according to the sentencing guidelines for each recommended type of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the death or injury caused by dangerous driving) (referring to the person subject to special mitigation) / Where illegality in the proviso to Article 3 (2) of the Aggravated Punishment, etc. of Specific Crimes is heavy: each case