A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

[criminal power] On August 22, 2001, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act at the Jung-gu District Court on August 22, 2001, and was issued a summary order of five million won of fine at the Jung-gu District Court on November 26, 2007 for the same crime.

【Criminal Facts】

Defendant,

1. On November 4, 2012, at around 18:15, the C cargo vehicle, while under the influence of alcohol of 0.286% of blood alcohol concentration, is driven at the 67-wayway of Jinyang-si in Namyang-si, Namyang-si, Jin-si, 100 meters,

2. The date and time as indicated in the preceding paragraph, and at the place, under the influence of alcohol of 0.286%, a person driving the said cargo while having difficulty in normal driving due to the influence of alcohol, and proceeding the said cargo to a Jink post room room in the second apartment room in the Han new apartment room, and the shoulder part of the victim D (35 years old) who was in the vicinity of the said cargo vehicle was shocked with the top part of the said cargo vehicle, thereby resulting in the victim’s eroculation in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. A medical certificate;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment not less than three times), the provisions of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment (limited to the sum of the crimes of the above two crimes): Provided, That the lowest sentence of the punishment shall be limited to the punishment determined for the crime of violating the Road Traffic Act];

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Article 62-2 (1) of the Criminal Act on Probation;