A defendant shall be punished by imprisonment for six 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 is engaged in driving a vehicle B.

On October 7, 2014, at around 22:05, the Defendant was under the influence of alcohol with 0.230% of alcohol level 0.230%, and the Defendant proceeded with the d-lane of 27 lanes in front of the AT Center located in Gangnam-gu Seoul, Seocho-gu, Seoul, as Gangnam-gu.

At the same time, there were other vehicles that were going on the front door, and thus, the Defendant, who was driving the said vehicle, had a duty of care to live well in the front door and to safely operate the said vehicle while maintaining the safety distance.

Nevertheless, under the influence of alcohol, the Defendant changed the lane into five-lanes without looking well of the front line, and was driven by the victim C driving in the same direction at the front line of five-lanes, and received the back portion of the left side of the franchise vehicle driving by the victim C as the front part of the right side of the Defendant’s car.

As a result, the defendant suffered from the injury of the victim C and the victim E who was accompanied by the car of the franchise for two weeks, such as catitis which requires medical treatment for each two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. A traffic accident report;

1. Photographs;

1. The circumstantial statement of a drinking driver, and the written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving while driving a motor vehicle);

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the violation of the Road Traffic Act, imprisonment shall be sentenced

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 fact that the error in Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is divided; and