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 September 24, 2019, at around 03:37, the Defendant driven a B SP car with the alcohol concentration of 0.142%, and led directly to the two-lanes of the road, which is the two-lanes of the front C and the front Do, from the high head three-distance bank of the road.

In this case, the defendant engaged in driving service had a duty of care to safely operate by accurately operating the steering and steering the steering wheel and brake system, because he is a private crossing and the other vehicle was in progress on the front side of the defendant's vehicle.

Nevertheless, the Defendant, while neglecting such duty of care in a state where normal driving is difficult due to influence of drinking, was driven by the victim D (ma, 44 years old) who was a bypass at the front of the Defendant’s vehicle and was driven by the Defendant’s vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant driven a motor vehicle while under the influence of alcohol concentration of 0.142%, and driven a motor vehicle while normal driving is difficult due to influence of alcohol, resulting in the injury of the victim D, such as salt, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Report on the circumstantial statements of a drinking driver, report on the situation of a drinking-driving, and inquiry into the results of the crackdown on drinking-driving;

1. The actual condition of traffic accidents;

1. A copy of the usage register of drunks;

1. Motor vehicle register, driver's license register, and certificate of motor vehicle insurance;

1. A medical certificate (D);

1. An accident site photograph;

1. Report on internal investigation (victim D telephone communications);

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury caused by dangerous driving), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.