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

At around 18:50 on July 8, 2013, the Defendant: (a) driven a blood alcohol concentration of 0.158% while making it difficult for the Defendant to drive the observer car in a normal condition; and (b) proceeded directly from the apartment on the side of Trien apartment in accordance with one lane among the two-lane roads in front of the apartment complex in the Gu and Sinsi City, the Defendant was under the influence of the Defendant, by negligence on duty, committed a crime behind the victim C (32 years old) driving, which was stopped at the front of the same lane while under the influence of alcohol, while driving the observer car in the front of the said observer car.

Ultimately, the Defendant suffered injury to the victim, such as light fluoral salt, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Photographs and actual survey report, such as a traffic accident report and accident site;

1. Report on driving under the influence of alcohol, that on driving under the influence of alcohol, that on driving under the influence of alcohol, and that on the state of drinking drivers;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment, etc. for Crimes (the injury caused by dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;

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 in Article 62-2 of the Criminal Act [Determination of Punishment] - Injury by traffic accident in general traffic accident (special person) - Where illegality in the proviso of Article 3(2) of the Education Special Act is serious (the scope of recommendation), [the scope of punishment] increased area, 8 to one year and six months [the general person] reduced element: Subscription to comprehensive motor vehicle insurance, serious reflectness [whether or not suspension of execution of sentence] - Where the illegality in the proviso of Article 3(2) of the Education Specialized Act is serious, it is obvious that social relationship is clear, serious reflects.