A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving BK5 cars.

On August 12, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.068% of blood alcohol concentration on August 23:46, 2013, and proceeded with the four-lane road in front of the oil station in the area of Sungnam-si, Sungnam-si.

A person engaged in driving of a motor vehicle has a duty of care to pay attention to the vehicle by operating a direction direction, etc. when changing the course, giving prior notice of a change in the course, and making a change in the traffic situation of the front and rear left.

Nevertheless, the defendant neglected this and caused the victim to go beyond the ground by neglecting the course from the two lanes to the first one, due to the negligence of changing the course from the two lanes to the left side of the driver's vehicle.

The Defendant caused the victim to suffer an injury due to the above occupational negligence by causing approximately five weeks of medical treatment due to the aggravation of a death.

2. The Defendant violated the Road Traffic Act (driving) driving the vehicles mentioned in paragraph (1) at about 2 km section from the day before the restaurant for beer call around the Sungnam-dong, Sungnam-si, and the place specified in paragraph (1), while under the influence of alcohol by 0.068% of the blood alcohol concentration in a temporary light as referred to in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. A report on detection of a host driver;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts;

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