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 BScar car.

On April 7, 2013, at around 03:00, the Defendant driven the above vehicle while under the influence of alcohol of 0.258%, and proceeded with the front of the 5th Soamambambamb in Ulsan-gu, Ulsan-do, with the chemical service distance room from the Jinsan-gu.

At the same time, it was difficult for a person engaged in driving a motor vehicle to safely drive the motor vehicle, such as reducing speed and accurately manipulating the steering direction and brake devices, and protecting the motor vehicle lines, and thus, he/she has a duty of care to prevent accidents in advance.

Nevertheless, due to the negligence of alcohol, the victim C (the 26-year-old) who was installed in the opposite part beyond the central line was injured by the Defendant’s front part of the Defendant’s vehicle, thereby suffering from the injury, such as a chest dynasium with a chest 12-day therapy.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A survey report on actual conditions, photographs on the scene of an accident, photographs on the scene of an accident, and photographs of the accident vehicle;

1. Statement on the circumstances of a drinking driver, report on the results of appraisal, and report on the results of appraisal;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

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

1. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of Sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommended sentences in the sentencing criteria;

(a)the basic area consisting of the injury resulting from traffic accidents by traffic crime group is not punishable;