The punishment of the accused shall be determined by six months of imprisonment.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving duties of K5 cars.

On November 27, 2018, the Defendant driven the said car while under the influence of alcohol of 0.148% in blood alcohol concentration on November 27, 2018, and driven it along three-lanes of the road, which is four-lane in front of Seocheon-si, Seocheon-si, by driving it.

The defendant engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, and to prevent accidents.

Nevertheless, the Defendant was negligent in neglecting the above duty of care while driving a car normally due to drinking, and was driven by the victim D (V, 48 years old) who was under the influence of the vehicle at the front of the Defendant’s car.

As above, the Defendant driven a motor vehicle while under the influence of alcohol content 0.148%, and driven a motor vehicle while it is difficult to drive the motor vehicle normally due to drinking, and suffered bodily injury, such as cinal salt, which requires approximately two weeks of treatment to the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act; and the choice of imprisonment for each sentence;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (including the favorable circumstances, etc. among the reasons for sentencing below) was considerable, and the degree of injury was actually incurred by causing traffic accidents and causing injury to others.