A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[criminal history] On September 23, 2015, the Defendant was sentenced to imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Daegu District Court on October 10, 201, and the judgment became final and conclusive on January 10, 2017.

[Criminal facts] The Defendant is a person who is engaged in driving a car XG.

On August 17, 2016, the Defendant driven the said car under the influence of alcohol level of 0.210% from blood alcohol level around 17:40 on August 17, 2016, and continued the front road located in Daegu Northern-gu C from the luriness market to the cross-section.

Since the automobile signal, etc. has been red signal, in such a case, the driver of the vehicle has a duty of care to prevent accidents in advance and safely drive the brake in order to make the signal well to prevent the collision with other vehicles stopping on the front side.

Nevertheless, due to the negligence of the Defendant’s negligence while under the influence of alcohol, the Defendant was negligent in driving the back of the Victim E (42) driving FM7 car in front of the Defendant’s passenger car, which was in front of the Defendant’s passenger car. The Defendant was placed in front of the Defendant’s driver’s vehicle XG car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on detection of a driver in charge, a survey report on actual condition, and a medical certificate;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history;

1. Relevant Article of the Act on Special Cases Concerning the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on Special Cases Concerning the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of danger), and choice of imprisonment with prison labor, respectively;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.