A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant is a person engaging in driving a vehicle QM3.

On June 25, 2020, the Defendant, while under the influence of alcohol level of 0.281% among blood transfusions, continued to proceed with the national highway No. 35 in front of the C Village from the Yongcheon-do bank to the inner embankment.

Since the place has a center line of yellow solid lines, there was a duty of care for those engaged in driving service to pass along the right side of the center line, to accurately manipulate the operation and steering gear, to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was able to rhym the horses, with a large face, and despite the fact that the walking is difficult to drive normally, such as the distance between the two sides, the Defendant was driven by the victim D(54 years old) who was in the course of driving in the opposite line due to the occupational negligence of driving the central line.

As a result, the Defendant driven the above QM3 car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered a chest wall in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement made by the police against D in court by the defendant;

1. The application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, the report on the results of regulating the driving of drinking, the report on the circumstances of the driver under driving, the investigation report (including the report on the circumstances of the driver under driving), the report on actual condition (including photographs),

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger), Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. Punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier [the lower limit shall be the same; Provided, That the lower limit shall be the same;