A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle with two highest motor vehicles.

On March 21, 2017, the Defendant driven the said car as around 08:45, the Defendant driven the said car and driven it along the one-lane between the three-lanes in the direction of the Busan metropolitan area, where 47.2km in the direction of the mountain on the Ulsan-gun, Ulsan-gun, Ulsan-do, and the two-lanes in the direction of the Busan metropolitan area.

In such cases, a driver of a motor vehicle has a duty of care to live well on the front side and the right and the right of the motor vehicle without drinking, and to prevent accidents by safely driving the motor vehicle.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol level of 0.090% during blood and was negligent in driving by the Defendant, and received the back part of the DMW car driven by the victim C in normal driving before the Defendant’s vehicle driving.

Ultimately, the Defendant suffered injury to the victim by occupational negligence during the three-day period of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving a motor vehicle under paragraph (1) while under the influence of alcohol leveling 0.090% from the 50km section from the 80km section to the place under paragraph (1) of this Article, in a manner of under the influence of alcohol leveling 0.090%.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the injury caused by a failure to perform the duty of selecting a punishment: Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and 38 (2) and Article 50 (to be deemed imprisonment without prison labor and to be imprisonment with prison labor) of the Aggravation of Concurrent Crimes.