A defendant shall be punished by imprisonment for one year.

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 a car in the B SP area.

On October 1, 2016, the Defendant, while under the influence of alcohol content of 0.210% during blood transfusions, was in incorrect, and with the difficulty of driving normally, such as a remote distance at the time of walking, driven the said car, and driven the front of the said 82 East 3 apartment units into the new city of Seoul, Jung-gu along the three-lanes between the four-lane 4-lanes, driving the said car into the direction of the blue-gu blue-gu, Seoul.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and has a duty of care to operate the steering gear and brake system of the motor vehicle accurately, and to safely drive the motor vehicle by checking well the left and right of the front.

Nevertheless, under the influence of liquor, the Defendant was negligent in changing the car line from the third vehicle line to the second vehicle line for making a U-turn, and the Defendant did not see the Drocketing car under the victim C(54) who is going straight behind the second vehicle line of the said road, and maintained the right side of the car driven by the victim to the left side of the vehicle driven by the Defendant.

As a result, the Defendant suffered from the injury of climatic salt, etc., which requires approximately two weeks of medical treatment to the victim due to occupational negligence while driving the said car in a state where normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report (1) (2) ;

1. A report on the detection of drinking records and a driver involved in driving;

1. 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 (selected of imprisonment with prison labor) of the relevant Act;

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

1. The scope of recommendations and the criteria for suspension of execution according to the sentencing guidelines for traffic crimes with reason of sentencing under Article 62(1) of the Criminal Act; and