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

Punishment of the crime

The defendant is a person who is engaged in driving a leisure car B.

On July 26, 2014, at around 02:55, the Defendant driven the said car while under the influence of alcohol of 0.137% of blood alcohol level, and led to the intersection of Dactpung C in Kim Jong-si to the front line from the Kim Jong-si.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the vehicle with the driver of the vehicle.

Nevertheless, the Defendant neglected to drive a vehicle in a situation where normal driving is difficult due to the above influence of drinking, and caused the Defendant’s negligence to shock the victim E (the age of 31) who was towing a vehicle in the front of the left side of the vehicle driving by the Defendant.

As a result, the Defendant suffered injury to the victim, such as the left-hand pelle officer who needs to receive approximately 14 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A survey report on actual condition, accident scene, and photographs of vehicles;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A report on whether to drive any dangerous motor vehicle;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the accident in this case occurs while the defendant is driving a vehicle in a drinking condition where he is prohibited from driving the vehicle, for the reason of sentencing. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment determined by the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than that of the punishment: Provided, That the lowest sentence shall be determined by the Act on the Aggravated Punishment, etc. of Specific Crimes