A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

The defendant is a person who is engaged in driving a K3 car.

On April 16, 2019, at around 00:18, the Defendant driven the said vehicle under the influence of alcohol with 0.176% of alcohol concentration, which was difficult to drive normally, and led the said vehicle to the right bypass from the surface of the E Hospital to the F elementary school room at the original city.

At night, in such a case, the Defendant, who is engaged in driving of a motor vehicle, had a duty of care to properly operate the operation and steering gear of the motor vehicle and to safely operate it by accurately operating the operation and steering gear.

Nevertheless, the Defendant was negligent in driving the street trees on the right side of the running direction due to the negligence of driving while under the influence of alcohol.

In the end, the Defendant was faced with the Defendant’s son G (son and 4 years of age) who was on board the Defendant’s car while driving the car in a state where normal driving is difficult due to influence of drinking, due to the Defendant’s injury of the face that requires approximately two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (in the event of a suspect's death or injury due to dangerous driving);

1. Application of Acts and subordinate statutes to the actual survey report, diagnosis report, and report on the occurrence of traffic accidents;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that the defendant recognizes the crime of this case and the relationship with the victim);

1. Order to attend lectures under Article 62-2 of the Criminal Act;