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

The defendant is a person who is engaged in driving a Crane car.

On April 21, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.139% around 23:00, while under the influence of alcohol, and led the said car to proceed along two-lanes at the high-saving distance intersection in the Seoul-U.S.-U.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.-U.S.-U.S.

Since there is a face-to-off intersection, there was a duty of care for those engaged in driving of motor vehicles to reduce the speed and to drive on the front side and the right and the right well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding without neglecting it and received the front portion of the victim D(32 years old) E-car driving in front of the E-car.

Ultimately, even though the Defendant suffered a string of a shoulder that needs to be treated for about two weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to a traffic accident report and a traffic accident report;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommending sentence] where a minor injury has occurred (the person subject to special mitigation) in the basic area (the person subject to special mitigation) (the person subject to special mitigation) / (the 1 and 2 types) of traffic.