A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a driver of the BM5 car.

On January 28, 2017, the Defendant driven the foregoing vehicle under the influence of alcohol level of 0.116% among blood transfusion around 00:20 on January 28, 2017, and turned the front of the D gas station in Gyeongsan-si C into zero-lanes.

In such cases, the driver of any motor vehicle has a duty of care to accurately operate the steering gear and brake system and not drive the motor vehicle at such speed and in such a manner as may cause any danger and injury to others according to the traffic conditions of the road.

Nevertheless, the Defendant caused the collision of traffic facilities installed on the right side of the road due to the negligence of failing to properly operate the steering gear while under the influence of alcohol, and led to the collision between the left side of the E-Motor vehicle F, which is parked on the side, and led the victim G(n, 44 years old) driving, which was under the influence of traffic signal parking on the two-lanes of the road.

As a result, the Defendant suffered injury to the victim G, such as scopical salt, tensions, etc., which requires approximately three weeks of medical treatment, and injury to the victim I (Y, 19 years of age), and J (J, 14 years of age), respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of the crackdown on the driving of drinking, the practical survey report and photographs, and the application of three Acts and subordinate statutes in writing;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommended punishment) are general traffic accidents.