A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 19:40 on November 18, 2018, the Defendant was driving a motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.134% at a section of about 30 meters from the front of the B apartment Cdong in Seoul Special Metropolitan City to the front of the Ddong of the apartment.

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

On November 18, 2018, the Defendant driven the said car while under the influence of alcohol of 0.134% with blood alcohol concentration around 19:40 on November 18, 2018, and led the said car to proceed from the said B apartment C-dong to the D-dong of the same apartment at an open speed.

A driver of a motor vehicle has a duty of care to prevent accidents by thoroughly operating the front time and accurately operating the brake system.

Nevertheless, the Defendant was negligent in failing to breathly operate the steering gear and did not properly operate the steering gear under the influence of alcohol, and the Defendant was shocked with the victim F(64 years old) who unlocked the bicycle locks in the front part of the passenger car driving by the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the side rupture in the right snick section, which requires treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident of F;

1. A report on traffic accidents and a report on actual condition;

1. Report on the circumstantial statements of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of crackdown on drinking driving;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. The defendant of the reason for sentencing under Article 62(1) of the Criminal Act is apartment as an agent driving.