A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. The Defendant is a person who is engaged in driving a cuss car in B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 26, 2017, the Defendant driven the said car under the influence of alcohol level of 0.109% among blood transfusion around 00:10 on November 26, 2017, and led the front road of Yeongdeungpo-gu Seoul Metropolitan Government to proceed to the right bypassing from the front intersection of the Seoul East At the elementary intersection to the front intersection of the friendly apartment.

Although the Defendant had a duty of care to thoroughly see the front section and accurately operate the steering direction and operation system, the Defendant was negligent in performing the duty of care to ensure the safety distance with the front section and drive the steering direction safely, due to the negligence of neglecting it under the influence of alcohol and driving it in the same direction, and was committed by the victim D ( South, 42 years old) who temporarily stops in the same direction at the front section, and then was placed a panion behind the Defendant’s vehicle.

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

2. The Defendant, at the time and place specified in the preceding paragraph, driven a coo vehicle under the influence of alcohol level of 0.109% in blood at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, police statements of D;

1. A fact-finding survey report and a report on the occurrence of traffic accidents;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Photographss and CCTV images related to traffic accidents;

1. Application of Acts and subordinate statutes to a medical certificate and a report on investigation (to hear statements of a victim);

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 Punishment, Article 268 of the Criminal Act (the point of causing negligence, the choice of imprisonment without prison labor), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 38 (2) and Article 50 (Bodily Injury resulting from Violation of Special Act on the Settlement of Traffic Accidents) of the Criminal Act for which concurrent crimes are aggravated.