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 October 4, 2016, the Defendant, who is engaged in driving a car in B Sti-type, was driving the said car under the influence of alcohol 0.212% of the blood alcohol concentration on October 4, 2016, and was driving the car in front of the “D” childcare center in B Pari-gu, Chungcheongnam-gu, Chungcheongnam-gu. In the direction of teachers.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care for a person engaged in driving motor vehicles to drive motor vehicles safely without breaking the center line.

Nevertheless, the Defendant neglected such duty of care as a matter of course, and instead neglected the center line’s duty of care, received the driving log prior to the driving log of the victim E(56 years old) driving seat of the FK5 vehicle in the opposite e-mail.

As a result, the Defendant driven a car in a state where it is difficult to drive the car normally due to influence of drinking, and caused the victim to suffer injury, such as salt, tension, etc. of the trend requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A survey report on actual condition, an accident site photograph, notification on the results of the drinking driving control, and a report on the actual state of a drinking driver;

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 Article 148-2 (2) 1 of the Road Traffic Act concerning the crime committed;

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation and mitigation (Articles 70(1) and 69(2) of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the background of the instant accident, the degree of illegality of Defendant’s negligence (so-called sound driving/central intrusion), the measurement value of drinking alcohol, minor injuries, the victim and not-agreement, the purchase of automobile comprehensive insurance, and reflect, etc.