A defendant shall be punished by imprisonment for not more than ten 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

1. The Defendant is engaged in driving the BMW 520D car.

On May 2, 2020, the Defendant driven the above vehicle on May 22, 2020, and tried to drive the two-lane of the two-lane road in the direction of the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, Hoju, with the one-lane distance from the new service distance.

In this context, Twit-type intersection is installed at the front, and the restricted speed is 50km speed. However, the Defendant was bound by the speed of 93.9km from the front side to the front side of the Defendant’s vehicle under the influence of drinking, such as red and sular distance, while the operation of the front side and the equipment is considerably difficult, and the remainder of the Defendant was driven by the victim D (Nam, 60 years old) who is going to the front side of the Defendant’s vehicle at the speed of the C Apartment-gu located on the non-protection seat along one lane.

As a result, the Defendant driven a vehicle while normal driving is difficult, and the Defendant suffered injury, such as “influence of damage and tension,” which requires approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (MMW 520d) driving a BMW 520d car at the section of approximately 3.8 km from the G frequency road located in the Heung-gu Seoul Metropolitan City F at the temporary border such as Paragraph 1 to the front road of the same Gu C apartment, while under the influence of alcohol concentration of about 0.163%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements;

1. A survey report on actual condition (D) and a diagnosis report on actual condition;

1. The application of Acts and subordinate statutes to the notification of the results of the drinking driving control and the circumstantial statement of drinking drivers;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 of the Road Traffic Act and the choice of imprisonment with prison labor as to the crime;

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

1. Discretionary mitigation of damage under Articles 53 and 55(1)3 of the Criminal Act is relatively heavy;