A defendant shall be punished by imprisonment for one year.

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 Switzerland car.

1. Around 22:50 on January 25, 2019, the Defendant driven the said vehicle under the influence of alcohol by 0.156% in a section of about 5km from the vicinity of the Seogju-gun, Ulsan-gun, Ulsan-gun to the Dogsan-Eup's Dogri-do.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was committed by the Defendant driving the said vehicle while under the influence of temporary border, such as paragraph (1), and subsequently moving the two-lane roads of the landmark of the Republic of Korea-U.S., Ulsan-gun, Ulsan-do, Seoul-do, Seoul-do, bypassing from the right side to C along two-lanes

Since the place is where the center line of yellow solid lines is installed, in such a case, a person engaged in driving service has a duty of care to safely drive the car.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along the center line with the Defendant’s negligence, and received the back part of the left side of the Estrening vehicle driven by the victim D(37 years of age) who was driving the string of the string vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in the right shoulder, which requires treatment for about two weeks, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. An accident site photograph;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

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

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

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