1. The defendant shall be punished by imprisonment for eight months;

2.However, the execution of the above sentence shall be suspended for a period of 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 vehicles BM3.

On October 31, 2015, the Defendant driven the foregoing vehicle under the influence of alcohol level of 0.288% from blood alcohol level around 20:50 on October 31, 2015, and led the above vehicle to the intersection of private distance near the two bridge in Gwangju City to the breath of Opo-si in the middle school located in the Gyeongju City.

At the same time, there is no signal signal, so in such a case, the defendant engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by driving the motor vehicle, if he/she has already entered the intersection by giving way to the vehicle, etc., by taking into account the situation of the front and right-hand traffic.

However, in order to turn to the left at the private distance of a middle school located in the front ecological park where a person is unable to drive normally due to influence of alcohol as above, the defendant neglected to do so and caused the collision with the part on the left side of the victim D (W, 26 years old) who has already entered the intersection in order to turn to the left at the private distance of the middle school located in the front ecological park.

As above, Defendant 1 caused injury to the victim, by negligence, by driving a motor vehicle while normal driving is difficult due to influence of alcohol, such as dynasium, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. Written statements of D;

3. A report on actual traffic accident, a report on risk driving, a response to a request for appraisal, and an appraisal report;

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

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

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

3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. The community service order under Article 62-2 of the Criminal Act;