A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who is engaged in driving a ASEAN car.

On August 24, 2015, at around 07:30, the Defendant driven the said car under the influence of alcohol with 0.167% of alcohol concentration, and changed the three-lane roads in front of D in C at a leisure time from D side roads to opposite roads.

In such cases, the driver of a motor vehicle has a duty of care to properly check the left and right of the motor vehicle and to check whether there is a motor vehicle driven in the rear side and prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant, by the negligence of changing the lane, led to a sudden change of the lane, followed by the part on the right side of the F Two-wheeled Automobile driven by the victim E (the age of 58) driving along one lane towards the intersection of the intersection of the reception of leisure water from the edge of the intersection of the instant two-wheeled Automobile.

As a result, the Defendant suffered injury to the victim, such as the upper part of the left part of the body which requires treatment for about six weeks due to the above occupational negligence, such as the upper part of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident (1 report), a traffic accident report (1), a traffic accident report (2), on-site evidence and photograph of a traffic accident (5 pages);

1. Report on detection of the violation of the Road Traffic Act, report on the circumstantial situation of a driver of a drinking alcohol driving, confirmation of the measurement of drinking and collection of blood, report on the circumstances of a driver of a drinking alcohol driving, and results of the request for appraisal;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under the Criminal Act;