A defendant shall be punished by imprisonment for six months.

except that 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 October 8, 2014, the Defendant driven a two-wheeled vehicle under the influence of alcohol of 0.131% with blood alcohol concentration around 00:35, and led to a two-lane road in front of Dongjak-gu Seoul Metropolitan Government to proceed at a speed of 50km per hour from the longline of the passenger bus at the speed of 1:5 meters per hour along the two-lane road in front of Dongjak-gu Seoul Metropolitan Government.

At the time, it is night and its location is installed with the center line of yellow-ray, so there was a duty of care to ensure that drivers are engaged in driving service thoroughly and safely operate the car line.

Nevertheless, as the Defendant neglected this and tried to cross the road beyond the center line under the influence of alcohol, the Defendant was driven by the victim D (the age of 17) driving the front part of the E-wheeled Motor Vehicle driving by the Defendant.

As a result, the Defendant driven a two-wheeled vehicle in a situation where normal driving is difficult due to the influence of drinking, and led the victim to a closure frame of the light frame that requires approximately seven weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

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

1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type I (Aggravated Injury resulting from Traffic Accidents) (Aggravated Mitigation in April-10) and the basic area (Aggravated Mitigation in October) / In a case where illegality in the proviso of Article 3(2) of the Specialized School Act is serious (a decision on a suspended sentence] [a decision on a suspended sentence] in June, in which the above suspended sentence was sentenced to the above suspended sentence for two years, the fact that the victim suffered serious injury is disadvantageous, and that it is the first offender.