A defendant shall be punished by imprisonment for not less than eight 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 March 28, 2019, around 20:10 on March 28, 2019, the Defendant driven C Launa car while under the influence of alcohol concentration of 0.141% in the three-lane roads near Seowon-gu, Seowon-gu, Seowon-si B, Seowon-si, and proceeded along one-lane from the direction of the opening distance to the shooting distance.

At night, there was an intersection where traffic is controlled by signal, etc. on the front side of the above road, and thus, the Defendant was obliged to pay a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to proceed

Nevertheless, while under the influence of alcohol, the Defendant neglected to do so, the Defendant was under the influence of alcohol, and was under the influence of the vehicle at all times, and was under the influence of the vehicle at the front of the direction of the Defendant’s course, and was under the influence of the vehicle at the victim D(50) who was under the influence of the signal route at the front of the direction of the Defendant’s course.

The Defendant suffered injury to the victim due to occupational negligence, such as damage to the integrity of head and other parts necessary for treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the occurrence of a traffic accident, report on the actual condition of the driver concerned, report on the circumstantial statement of the driver concerned, investigation report (report on the circumstances of the driver concerned), and report on the results of the crackdown on drinking driving

1. Application of Acts and subordinate statutes of a report site photograph and diagnostic certificate;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018) (limited to four times of punishment for sound driving, two times of punishment for unlicensed driving, etc.);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The time and degree of the same kind of force under Article 62(1) of the Criminal Act, and the instant case;