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

[Criminal Power] On December 10, 2010, the Defendant was sentenced to a fine of 1.5 million won by the Seoul Southern District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

The defendant is a person who is engaged in driving a B-to-car.

On December 28, 2013, the Defendant was under the influence of alcohol at 00:40% of blood alcohol concentration, and the Defendant driven the said car and driven it to the steel mountain station on the direction of the entrance of the luminous elementary school, which is located in the emulculation railway route at the emulculation at the emulculation.

The Defendant, under the influence of alcohol, was unable to accurately operate the operation of the operation system as above, and the Defendant received the back portion of the said vehicle from the victim D(31) who was on board the said rocketing taxi with the front part of the said vehicle, and suffered approximately two weeks of treatment.

As a result, the Defendant driven a motor vehicle under the influence of alcohol, and driven a motor vehicle while it is difficult to drive it normally due to the influence of alcohol, thereby causing the injury of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of the D statement;

1. A copy of the actual condition survey report, report on the occurrence of a traffic accident, report on the actual condition of a driving driver, report on the detection of a drinking driver, output of a drinking measuring instrument, inquiry into the results of the drinking driving control, vehicle and field photograph, statement on the occurrence of a traffic accident, and medical certificate;

1. Reference letters, report on the results of confirmation before disposition, and application of the Acts and subordinate statutes for report on investigation;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the defendant has the same criminal history, and the criminal nature and the result of each of the crimes in this case are heavy, and the victim is the victim;