A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On March 31, 2017, while under the influence of alcohol level of 0.169% during blood transfusion, the Defendant driven a BM5 car and proceeded ahead of the DM5 car in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Samsung-do.

At that time, there is a center line of yellow-ray, so a person engaged in driving service has a duty of care to thoroughly see the front-time and safely drive the car line.

Nevertheless, the Defendant neglected such duty of care, while driving under the influence of alcohol, led to the negligence of the central line, which was driven by the Defendant, and the part of the victim E(64) driver’s fflod drive, which was driven by Samsung-doh, Samsung-doh, Samsung-doh, the left-hand side of the passenger’s car, which was driven by the Defendant’s vehicle, to the front-hand side of the Defendant’s vehicle.

Ultimately, the Defendant was driving under the influence of alcohol as above, and caused the victim to suffer an open head room requiring medical treatment for about 10 days by negligence in breach of duty of care in driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. On-site photographs of the accident, on-site photographs of the traffic accident, and photographs of damaged vehicles;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the observation of a drinking driver;

1. The register of chassiss and driver's licenses of motor vehicles;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. 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 occupation of causing occupational negligence, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of driving alcohol 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 sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The recommended sentence according to the sentencing criteria; and