A defendant shall be punished by imprisonment for not less than eight 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 engaging in driving a BMW car.

At around 23:55 on October 27, 2016, the Defendant driven the said car while under the influence of alcohol concentration of 0.138% from the beginning of the area to the high breath of the road in front of the Gu of Ansan-si, the Defendant was driving the said car in the state of alcohol concentration of 0.138%.

In this case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle should thoroughly perform his/her duty of care in front-time and accurately operate steering devices and brakes.

Nevertheless, the Defendant neglected this and proceeded as it is while driving at the same time, and received the back portion of the sports cargo vehicle in front of the said BMW car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, G and H;

1. A traffic accident report;

1. Photographs;

1. The circumstantial report of an employee;

1. Papers of measurement records of drinking alcohol;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of recommendation [the scope of recommendation] general traffic accident category 1 (Bodily Injury resulting from Traffic Accidents) (4-1) basic area (special mitigation) (including voluntary mitigation), penalty not (including serious efforts to recover damage), driving under the influence of alcohol, etc.;

2. The fact that the sentence is against the decision of sentence, and the automobile comprehensive insurance.