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

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

At around 18:40 on September 20, 2012, the Defendant driven the said car while under the influence of alcohol of 0.157% of alcohol content, and suffered injury, such as the part of the victim C (62 years old)'s driving (hereinafter referred to as the "victim C")'s driving body part on the right side of the victim C (62 years old) driving, which was proceeding directly from the rock market to the 4-dong-dong-ho, Gangdong-gu, Seoul, while driving the said car, driving the road of about 12 weeks near the 302-9-dong, Gangdong-gu, Seoul, and driving the road from the 2nd west to the west-ho, 2nd west-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

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

1. Photographss and records of the measurement of drinking alcohol, reports on detection of drinking drivers, and circumstantial statements of drinking drivers;

1. On-site photographs of vehicles and accidents;

1. Application of Acts and subordinate statutes to each medical certificate and photographs of injured parts;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Injury caused by occupational negligence: Article 3 (1), proviso of Article 2 and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Point of drinking driving: Selection of imprisonment with prison labor under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. From among concurrent crimes, the reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (the aggravated punishment for concurrent crimes stipulated by the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment: Provided, That the lowest sentence shall be determined by the Act on Special Cases concerning the Settlement of Traffic Accidents) of the Criminal Act has occurred in the accident of this case where the defendant, while driving a motor vehicle while under the influence of alcohol, has a significant impact on driving a motor vehicle while under the influence of alcohol, the amount of the alcohol measurement is considerably high, and the degree of the injury suffered by the victim of the accident of this case has significant importance, but it is still against the victim.