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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

1. On June 22, 2019, at around 01:05, the Defendant: (a) driven a c bargaining car on the front of the Ba-gu Incheon Nam-gu B history on the road; (b) opened a two-lane from the south-gu Yanpo-gu, Nampo-gu, Incheon; and (c) opened a two-lane of the blood alcohol concentration of the victim 0.148% under the influence of 0.148% under the influence of alcohol level while he was unable to drive normally, the Defendant, by negligence in the course of duty, concealed the back part of the victim D(50 years old) driving, which was under the influence of the signal waiting in the front of the road.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim to suffer injury, such as salt, tension, etc. in need of medical treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the said passenger vehicle under the influence of alcohol by 0.148% at a section of about 5 km from the foregoing temporary south-gu Incheon Metropolitan City roads to the point where the above accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018); and the choice of imprisonment for each sentence, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is committed by the defendant, driving a traffic accident under the condition that the defendant's blood alcohol level is 0.148%.