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

On August 26, 2016, around 00:38, the Defendant, while under the influence of alcohol of 0.217% in the city of Ansan-si, opened a road in front of the Ansan-si located as the center of the members of the Dong-gu, Ansan-si, the Defendant: (a) borrowed the vehicle under the influence of alcohol of 0.217% in blood alcohol concentration; (b) driven the vehicle in a state where it is difficult to drive the vehicle normally, and driven the vehicle along two-lanes from the border of the Ansan-si to the Sinsan-si

At all times, there was a cross-section in the front side, so there was a duty of care to reduce the speed of a person engaged in driving a motor vehicle and to drive a motor vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant neglected this and failed to properly operate the brake system, and caused the DK5 car driven by the victim C(the age of 27) who was standing in the signal atmosphere at the right direction due to the negligence of not operating the brake system, and led the Defendant to the front part of the vehicle of the Defendant.

As a result, the Defendant sustained injury to the above victim and the victim E (the age of 29) who was on board the said K5 vehicle while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, such as brain-dead which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of the relevant Acts and subordinate statutes to each written diagnosis and appraisal inquiry;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of long-term punishments, and the lower limit shall be the violation of the Road Traffic Act);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing of Article 62-2(1) of the Criminal Act (the scope of recommendations) is general.