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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a CK5 vehicle.

On January 13, 2015, at around 20:50, the Defendant driven the said car while under the influence of alcohol of 0.086% of blood alcohol concentration, and led the Defendant to proceed bypassing the two-lane roads in front of the same village apartment in the village of the 231-Gu, Seocheon-gu, Seocheon-si along the two-lanes in the direction of literature and art distance from the direction of the consul distance.

At the time, there is a night and a place where the center line of yellow-ray is installed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle should thoroughly drive the motor vehicle in the front-time and safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in bypassing the right, waiting for left-hand turn at one-lane of the opposite direction due to the negligence of the center line, and was placed in front of the left-hand part of the car driven by the victim D(W, 57 years old) who is waiting for turn-on at one-lane of the opposite direction.

Ultimately, the Defendant suffered injury to the victim, such as light fluoral salt, which requires medical treatment for about 20 days, due to such occupational negligence.

2. Around 20:50 on January 13, 2015, the Defendant driven CK5 cars while under the influence of alcohol alcohol concentration of about 0.086% from the section of approximately 600 meters to the road in front of the same village apartment in Bupyeong-si, Seocheon-si, Seocheon-si, Nowon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim D's traffic accident occurrence situation and statement;

1. Application of each Act and subordinate statute to a report on actual condition and a report on the results of the drinking driving control;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Injury caused by occupational negligence: Article 3 (1), (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the selection of imprisonment without prison labor;

(b) Point of drinking driving: Articles 148-2 (2) 3 and 44 of the Road Traffic Act;