A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving a car C E350.

On October 18, 2017, the Defendant, while under the influence of alcohol at around 15:00, driven the said car at the E-cafeteria parking lot located in D in Ansan-si, while driving it at around 0.236%.

Since there was a car parked in the rear side, there was a duty of care to accurately operate the steering and operating system to the person engaged in driving of the motor vehicle and to safely drive it.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the control of the victim F (24 years old) driver's G G in the next direction while parking in the future, and was under the back of the E350 car.

In the end, the Defendant suffered injury to the victim who driven a vehicle in the situation where it is difficult to drive the vehicle normally due to the influence of drinking such as a little string, a strong string, a snow, a shock, red, etc., by negligence, due to the need to treat the vehicle for about two weeks, such as salt, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. A survey report on actual conditions;

1. A written statement of the driver who takes charge;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Although there was a history of two times criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Criminal Act, the crime liability is not less than that of causing injury to the victim while driving at the same time, but the mistake is recognized and against it.