A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Punishment of the crime

The defendant is a person who is engaged in driving of a Party B's car.

On August 24, 2016, the Defendant driven the said car with a 0.115% alcohol concentration 0.15% alcohol concentration around 16:45, and continued three-lanes of the three-lane road immediately preceding the entrance of the Young-gu Park at the Gyang-si Salyang-si, Gyangyang-si, according to the 3-lanes from the YY-gu off of the YY-si.

There are two preceding victims C(n, 41 years old) drivers, and thus, there was a duty of care to secure safety distance to avoid when reducing or stopping the speed of the above cargo.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle in the vicinity of the vehicle due to the negligence of driving the vehicle in the vicinity of the vehicle in front of the vehicle in question.

Ultimately, the Defendant suffered from the injury to the victim E (78) who is the passenger of the damaged vehicle C and the foregoing cargo vehicle due to the foregoing occupational negligence for about two weeks, such as salt, tension, etc. in need of treatment.

Summary of Evidence

Defendant’s legal statement

The application of Acts and subordinate statutes to the traffic accident occurrence report, actual condition investigation report, on-site evidence photograph photographic driver's statement, report on investigation report on the results of the drinking driving control (victim C telephone statement) investigation report (victim C telephone statement).

1. Article 3 (1) and (2) 8 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

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

5. Article 62 (1) of the Criminal Act;

6. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Criminal Act.