A defendant shall be punished by imprisonment for not less than nine 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

The defendant is a person who drives B rocketing another car.

On September 5, 2017, the Defendant driven the said car while under the influence of alcohol level of 0.242% from blood alcohol level around 22:40 on September 5, 2017, and led the Defendant to proceed along the two-lanes of the three-lane radius from the chill-distance intersection in front of the oil station located in D in C at an influence.

At the time, since it is an intersection where a signal is installed at night and at this time, a person engaged in driving a motor vehicle has a duty of care to safely drive the steering gear and brake system accurately in accordance with the new code.

Nevertheless, the Defendant, by negligence, neglected to drive in the front place while it is difficult due to such influence of alcohol as above, and led to the victim E (36 years old) waiting to the signal at the front place by negligence while driving the vehicle in the front place. After the Defendant’s driver’s vehicle, the part of the driver’s vehicle was behind the Defendant’s driver’s vehicle.

As a result, the Defendant suffered, by its occupational negligence, the injury to the victim E, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and the injury to the victim G (31) who is the passenger of the damaged vehicle, including salt, tensions, etc., requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. Investigation reports and circumstantial reports (whether or not the principal driver is driving any danger);

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual conditions;

1. Two copies of a medical certificate;

1. Application of the traffic accident scene and evidence photographing statutes;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;