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

except that 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 B car.

On December 3, 2017, the Defendant driven the said car under the influence of 0.143% of blood alcohol concentration around 06:10 on December 3, 2017, and led to the two-lane road in front of the “D” restaurant located in the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu, to proceed along the two-lanes of the “D” restaurant in the direction of the office room in the E room.

In this case, the driver of the vehicle has a duty of care to take the front side and the left side well and to accurately manipulate the steering and brakes so as to prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded as it is, and the Defendant received the back portion of the victim F (the age of 45)'s G waste removal truck in order to load household garbage at the front of the car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered from the Defendant’s injury of salt and tension for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on the occurrence of a traffic accident, report on a traffic accident, report on the circumstances of a drinking driver, investigation report, report on the status of a drinking driver, and report on the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a report site photograph and diagnostic certificate;

1. Relevant legal provisions on criminal facts and Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018); and each imprisonment (the degree of the principle of sound, the absence of the procedure of trial for a long time, and the attitude to avoid liability)

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

1. It is the first offense of Article 62(1) of the Criminal Code.