A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 5, 2013, at around 00:38, the Defendant: (a) driven a DNA strawing car under the influence of alcohol with a 0.121% alcohol concentration while normal operation is difficult; and (b) driven the center line in line with the rainwater pumps located in the Seongdong-gu Seoul Metropolitan Government, along with one other, in front of the rainwater pumps Station located in the Seongdong-gu, Seongdong-gu, Seoul; (c) negligently driven the center line and driven the front part of the victim E (the age 52) driven at the opposite lane, which was driven by the victim E(the age 52) driving on the opposite lane, with the front part of the said strawer in need of approximately 3 weeks medical treatment; and (d) caused the chilled flaps, etc. in need of approximately 2 weeks medical treatment of the said E.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on traffic accidents, actual condition survey reports and field photographs;

1. Statement made under the circumstances of a drinking driver, report on detection of a drinking driver, and a drinking output;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Injury caused by dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the above Act on the Aggravated Punishment, etc. of Specific Crimes and a punishment against victims E, of which the criminal situation is heavier) of the Commercial Concurrent Crimes;

1. Selection of penalty: Imprisonment with 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. The fact that the instant accident occurred as the Defendant, while driving a motor vehicle while under the influence of alcohol, is disadvantageous to the Defendant as the reason for sentencing Article 62-2 of the Criminal Act.

However, the motor vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, and the victims shall be punished by the defendant.