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

[criminal power] On June 5, 2008, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act. On August 14, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime from Suwon District Court for the same crime.

【Criminal Facts】

At around 20:30 on August 6, 2015, the Defendant driving a motor vehicle B in the name of the industrial complex, under the influence of alcohol concentration of 0.267%, while under the influence of alcohol, and driving the motor vehicle to the apartment house from the right-hand side of the next high fishery, while driving the motor vehicle in accordance with the U.S. model, the driver of the motor vehicle has the duty of care to safely drive the motor vehicle under the influence of alcohol, but the driver of the motor vehicle is due to the negligence that the victim C (30 years old) who was under the influence of alcohol while driving the motor vehicle under the influence of alcohol, while driving the motor vehicle under the influence of normal driving due to the influence of alcohol by the front part of the motor vehicle of the Defendant, resulting in the injury of the right-hand side of the motor vehicle requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. The actual survey report and the occurrence of traffic accidents;

1. A report on detection of a host driver and a circumstantial statement;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 subparagraph 1 of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Selection of Imprisonment, respectively;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Sentencing Article 62-2 of the Criminal Act.