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

On March 3, 2015, at around 17:24, the Defendant, while under the influence of alcohol of 0.098% at a one-lane in the Donsan-gu, a Donsan-si, a Donsan-si, a Donsan-si, was driving on the front side of the Donsan-si, with a level of 0.09% alcohol level, and continued to drive on the front side of the Donsan-si, with a speed of about 30km at the speed.

Since the place is where the center line of yellow-ray is installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle at the front and to safely operate the motor vehicle.

Nevertheless, the Defendant was negligent in driving a stroke while driving a stroke, and was in the front part of the said stroke part of the victim D(52 years old) E-wing and the front part of the cargo stroke in the opposite direction of the Defendant at the time when the Defendant strokeed the central line.

The Defendant caused the victim to suffer injury by his occupational negligence, such as the removal from the left side of the backhead of the reanion which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on traffic accidents, on-site photographs, and reports on the occurrence of traffic accidents;

1. A report on detection of a drinking driver, a circumstantial report on a drinking driver, and a ledger of users of a drinking-free measuring instrument;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the occupation of a person injured by occupational negligence, the choice of imprisonment without prison labor) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act (the scope of recommendations) of the Act on Probation, community service and lecture attendance order shall be the type of general traffic accident.