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

1. The defendant is a person who is engaged in driving business of a vehicle BM3 vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 10, 2019, while the Defendant was under the influence of alcohol of 0.154% of blood alcohol concentration at around 23:10, the Defendant was negligent in failing to perform his/her duty at the time of the front-time driving on the south side while driving one-lane of the two-lane 2753-ro 22-11 from the southyang-do-ro 2753, the Defendant was under the influence of driving the said vehicle and driving the said two-lane of the two-lane, which was driven by the victim C (n,e., 25 years of age) who stops due to a traffic accident at the front-way.

As a result, the Defendant suffered from the Defendant’s crypical fluoral fluor, which requires approximately two weeks of treatment by occupational negligence as above.

2. Violation of the Road Traffic Act (MM3 vehicle) was driven by the Defendant under the influence of alcohol with a blood alcohol content of 0.154% from the 10km section of approximately 10km from the Do in front of the restaurant located in the influence of the Guri-si, Sin-si, Sin-si (hereinafter referred to as the “SM3 vehicle”).

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. The actual condition survey report;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act (limited to concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents, the punishment of which is heavier than punishment, and within the scope of the sum of the long-term punishments of two crimes, the lower limit shall follow the punishment prescribed by the Road Traffic Act);

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.