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

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

Punishment of the crime

On October 14, 2015, the Defendant: (a) while under the influence of alcohol 0.210 percent of the alcohol concentration in the blood, the Defendant driven the DK5 car in the state that it is difficult to normally operate due to the influence of alcohol while driving the 0.210 percent of the road in front of the city of Suncheon on October 14, 2015; (b) while driving the DK5 car from the shooting distance of the ordinance to the NC department distance shooting; (c) due to negligence on the part of the victim E, who neglected his/her duty at the front time, caused the victim to suffer injury, such as light salt, which requires the Defendant’s vehicle’s treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual survey report and police photographs;

1. A response to a request for appraisal (a written appraisal of alcohol during blood);

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (within the period of punishment plus the maximum term of punishment prescribed for each crime);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The sentencing guidelines [the scope of the recommended punishment] [the sentencing guidelines for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime against Death or injury caused by dangerous driving)] [the scope of the recommended punishment] [the basic area (4 months to 10 months)] [the person subject to special mitigation] [including the person subject to special mitigation] / Where the illegality in the proviso to Article 3 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes is serious;

2. The defendant's age, sex, environment, and age of the defendant in addition to the circumstances unfavorable to the defendant, such as drinking, driving without a license, driving history of the vehicle accident of this case, etc., and favorable circumstances such as that the injured person does not want the punishment of the defendant.