A defendant shall be punished by imprisonment for one year.

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

Criminal facts

The defendant is a person who is engaged in driving of a gallon vehicle B.

On December 4, 2016, while the Defendant was under the influence of alcohol content 0.215% during blood transfusions, while driving the said vehicle into the bank of a private village located in the east of Yangsan City and driving the private village at the east of Yangsan City, the Defendant took the back portion of the victim C (55 years old) driving vehicle temporarily stopping in the front of the said gallon vehicle, which was due to the occupational negligence of neglecting the front city and temporarily stopping in the front of the said gallon vehicle. At the same time, the Defendant suffered from the injury of the victim, such as salt dallon, etc. requiring approximately three weeks medical treatment, and at the same time, the said gallon vehicle was 80,000 won repair cost, and the Defendant did not promptly stop and take necessary measures, such as providing relief to the person who has suffered damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (including a medical certificate and quotation);

1. On-site reports, reports on the circumstances of drivers of alcoholic beverages, and inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of photographs to damaged parts), (the attachment of photographs to images of an accident), and (the confirmation of whether the victim is treated a victim);

1. Driving under the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: The point of escape after the injury or injury caused by the occupational negligence under Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, the point of non-measures after the accident under Article 268 of the Road Traffic Act: Articles 148 and 54 (1) of the Road Traffic Act;

1. Between the crimes under Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the violation of Road Traffic Act (or the measures not taken after the accident): Punishment prescribed for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of which punishment

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Code [the punishment shall be heavier.]