A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On April 1, 2016, the Defendant driven B motor vehicle under the influence of alcohol level of 0.113% during blood transfusion around 00:56, and continued the front of the Ulsan East-gu Hyundai Pool, Ulsan-gu to Asan-ro from the view of the modern marine business department.

Since there is a center line of yellow solid lines, the driver of the motor vehicle has a duty of care to protect the vehicle line and drive the motor vehicle safely by checking well the right and the right before and after.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the victim C(19) driving of the Defendant Company C(19) driving in the opposite part.

In the end, the above occupational negligence of the defendant who driven under the influence of alcohol, the victim C suffers from a scarcity which requires treatment for about 12 weeks, and the victim E (19 years of age) who is the passenger of D motor vehicle, suffered from a scarke, etc. who should receive treatment for about 5 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes governing booms and images of damaged vehicles;

1. Injury resulting from occupational negligence in relation to the relevant criminal facts: Article 3 (1), proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a crime against victims C with heavier punishment between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents and punishment for a crime committed against victims C with heavier punishment);

1. Selection of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a crime of violating the Road Traffic Act;

1. Aggravation of concurrent crimes as prescribed by the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes [the lowest sentence shall be based on the punishment stipulated for the crime of violating the Road Traffic Act (or the crime of drinking), which is a violation of the Act on Special Cases concerning the Settlement of Heavy Traffic Accidents];

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