A defendant shall be punished by imprisonment for six 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

The defendant is a person driving a motor vehicle B as a duty.

On September 22, 2018, the Defendant driven the said car with a blood alcohol content of 0.104% 0.104%, and continued to drive the said car along a two-lane distance distance from the side of the Hayangnam-ro, Daejeon to the 171-ro, Mannam-ro.

At all times, the victim C(51-year-old driving)'s D QM5 car stops and calls for signal, so the driver of the vehicle has a duty of care to keep the front door well and to properly operate the vehicle at a speed.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this and received the back part of the victim’s vehicle with the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the injury to the victim E (V, 49 years of age) who is the passenger of the above victim and the damaged vehicle due to the above occupational negligence, such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on actual condition, notification of the results of the drinking driving control, and application of Acts and subordinate statutes (C and E);

1. Article 3 (1), the proviso of Article 3 (2) and Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

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

1. Selection of imprisonment without prison labor or imprisonment without prison labor;

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

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

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of the whole circumstances.

Unfavorable circumstances: The fact that the accident caused due to drinking driving and the fact that drinking is not low;