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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B-learning automobiles.

On September 1, 2016, the Defendant, at around 01:09, driven the said car under the influence of alcohol with 0.203% of alcohol concentration in a normal drive difficult, and, at the same time, led to the Defendant’s failure to perform his/her duty to breath due to negligence in the course of changing the vehicle from the entrance of the Gando Highway to the one-lane while driving the said car at the entrance of the Gando Highway in Seocho-gu Seoul, Seocho-gu, Seoul, to the two-lanes of the two-lanes of the two-lanes, the Defendant: (a) neglected to perform his/her duty to breath under the influence of alcohol; and (b) conflict with the upper part of the D cirst part of the D cirn vehicle driven by the victim C

As above, the Defendant suffered injury to the victim, such as light fluoral salt, which requires medical treatment for about two weeks, in a situation where normal driving is difficult due to influence of drinking.

2. Around 01:09 on September 1, 2016, the Defendant was driving a B-learning car with a blood alcohol concentration of about 0.203% from the 20km section from the vicinity of Gangseo-gu, Gangseo-gu, Seoul to the place of the said accident.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition of traffic accidents;

1. Statement of the status of a de facto driver, and a report on detection;

1. Investigation reports (Application of the Madmark);

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

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

1. Mitigation of discretionary mitigation is based on Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2008).