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

However, 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 October 26, 2013, around 23:45, the Defendant, while under the influence of alcohol of 0.152% of the blood alcohol concentration, was driving B beer or car in front of the Alley elementary school located in the Jagu-gu, Changwon-si, Changwon-si, and proceeded to turn to the left at the right right direction of the Alley elementary school in the direction of the Alley Elementary School.

At the time, there was a duty of care to operate a person engaged in driving of a motor vehicle by reducing the speed and properly manipulating the steering and operating the steering system, because it was at night and at least an intersection where signal, etc. is not installed.

Nevertheless, under the influence of alcohol, the defendant neglected to do so and failed to accurately operate the steering direction and operation system, and was driven by the victim C(35 years of age) who was driving directly from the opposite direction due to the negligence of left-hand turn, and received the front portion of the DFD car driving by the defendant.

As a result, the Defendant, while driving the said beer or car in a state where normal driving is difficult due to influence of drinking, suffered injury, such as light and fluoral salt, which requires approximately two weeks of treatment, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law No. 2-8, 11, and 12 to the evidence list submitted by the prosecutor

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Selection of each sentence as imprisonment with prison labor (in consideration of the fact that the defendant has any record of being fined due to drinking or driving without a license);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration, such as the fact that confessions and reflects, and the degree of injury of a victim is not serious);

1. The order of the community service and the lecture attendance order for the reasons of not less than Article 62-2 of the Criminal Act;