A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving of Bsch Rexton vehicles.

On April 17, 2016, the Defendant, while under the influence of alcohol 0.201% from the blood alcohol level around 01:20, the Defendant proceeded at a low speed, depending on the following three-lanes: (a) one-lane road in front of Suwon-si, Suwon Apartment apartment site, one-lane one-lane road in front of Suwon-si, Hannam apartment site.

At the same time, many parked vehicles are driving alternately along both lanes on the road. In such a case, there was a duty of care to prevent accidents by driving a motor vehicle on the front side and safely manipulating steering devices, etc.

Nevertheless, the Defendant, under the influence of alcohol and neglected to do so, left the right side of the victim D(58) driving, which was stopped so that the Defendant’s vehicle can pass first on the opposite lane in the direction of the Defendant’s proceeding, was shocked into the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. A report on the detection of a primary driver;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)1 and 44(1) (the point of drinking alcohol, the choice of imprisonment), Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act [Provided, That the lower limit shall apply to the punishment that is set forth for the crimes of violating the Road Traffic Act (driving)];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 62-2 of the Criminal Act.