A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of 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 Bchip car.

On November 9, 2017, the Defendant driven the said car under the influence of alcohol level of 0.108% among blood transfusion around 18:20, and continued to proceed with the instant car under the influence of alcohol level of 0.108% on the side of the Seo-gu Incheon Metropolitan City Highway 1833, Seo-gu, Seo-gu, Seoul Metropolitan City Highway 1833.

At the time, since the sunset and other vehicles were stopped in waiting for signal, there was a duty of care to prevent accidents in advance by checking the front door and left and right of the driver of the vehicle, accurately operating the devices such as the operation of the vehicle, and safely driving the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in wrong operation of a flag, and was negligent in driving the victim C(53 years old) with the driving of the victim C(53 years old). The Defendant followed the Defendant’s vehicle behind the Defendant’s car and received the front part of the victim’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of 10 days requiring medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Making a statement on the circumstances of the driver involved in driving, making a report on the detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. Medical certificates and CDs (booms and videos);

1. The application of each law to the ledger of driver's licenses and each of the following provisions;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

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. Reasons for the sentencing of Article 62-2 of the Criminal Act for providing community service and attending lectures.