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

1. On June 21, 2018, the Defendant was under the influence of alcohol level of 0.052% from the blood alcohol level around 04:22, the Defendant driven BK5 vehicle at the 12km section from the 53rd to the lower intersection of CK5m from the 34m-dong, Geumcheon-gu, Geumcheon-gu, Seoul, as Geumcheon-gu.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive the said car and drive the said car at the speed of the speed below the speed of the city at the speed of four lanes from the intersection of the intersection to the intersection of the intersection at the speed of four lanes.

In this case, there was a duty of care to prevent accidents by accurately manipulating the operation and steering gear of the driver who is engaged in driving of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, had been parked on the road due to negligence that neglected the above duty of care, shocked the driver behind the victim C(T, South, 40 years old)'s freight vehicle, which was parked on the road, with the front driver of the Defendant.

Defendant 2 suffered injury to the victim, who was on board the driver’s seat of the damaged vehicle due to such occupational negligence, such as clocks, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. A paper of measurement of drinking alcohol;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the occupation before drinking, and the choice of imprisonment with prison labor);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is to drive a second drinking alcohol even though the defendant had a record of punishment for the same kind of crime in the past.