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.

Punishment of the crime

On December 29, 2018, at around 06:18, the Defendant driven a BK5 car with alcohol level of 0.167%, where it is difficult to drive the car normally due to influence of alcohol, and brought the right-hand turn in front of LH work, which is located in 160-3, Y-gu, U.S., U.S., U.S., at the front of the Defendant’s car, at the seat of the Do Office of Education, in violation of the ChH signal from the Do Office of Education to Chump signals at the seat of the Do Office of Education, the Defendant shocked the victim D(45 years of age)’s upper part prior to the driver’s seat at the front of the Defendant’s car.

이로써 피고인은 음주의 영향으로 정상적인 운전이 곤란한 상태에서 위 자동차를 운전하여 피해자에게 약 8주간의 치료가 필요한 우측 무릎뼈의 골절, 폐쇄성 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Report on the circumstantial statements and investigation report of a host driver;

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

1. A written appraisal of blood alcohol;

1. A report on traffic accidents and a report on actual condition;

1. A report on internal investigation (related to attaching images of an accident);

1. Statement (D);

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) concerning the crime, and imprisonment with prison labor for each choice;

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, Article 60 (3) of the Juvenile Act;

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, caused a traffic accident while driving a motor vehicle in violation of a signal while under the influence of alcohol, resulting in the victim’s injury that is not light.

However, in consideration of the fact that the defendant is a primary offender and the fact that the defendant has agreed with the victim.