A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

On April 12, 2016, the Defendant driven the said car under the influence of alcohol content of 0.099% in blood at around 01:50 on April 12, 2016, while proceeding one-lane road in front of the 86-1, Seodae-gu, Seo-gu, Seoul Special Metropolitan City, Seo-gu, Monopo-dong, and making a left-hand turn to the Mono High School.

At this point, the center line is installed with yellow solid lines, and there is a four-distance intersection with no signal signal at the front direction, so a person engaged in driving of a motor vehicle has a duty of care to see the front left and right well and not proceed beyond the center line in the opposite direction.

Nevertheless, the Defendant neglected this and went to the left at the center due to the negligence of the Defendant’s failure to go to the left at the left, and the front wheel part of the victim D(23 tax) 250 cc., which was going to the opposite direction, was received as the front panion part of the flock clocks of the victim D(23 cc.).

Ultimately, the Defendant suffered injury to the victim by occupational negligence during the 12-day period of medical treatment between the right-hand pelle and the right-hand pelle that requires medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition and photographs on the scene of accidents;

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

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

1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 2 and 8 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 selection of imprisonment without prison labor), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of driving alcohol 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. Some of the reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures.