A defendant shall be punished by imprisonment for one year.

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 July 5, 2015, at around 05:30, the Defendant was under the influence of alcohol of 0.088 percent during blood alcohol concentration, and the Defendant discovered the victim C’s cruise car that stops due to a shock accident that enables the centralized separation zone at 18.5 kilometers in Incheon at the 18.5 kilometers in the direction of the first-in Incheon Highway due to the Orcheon-si, Orcheon-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering wheel and brakes and prevent the accident from occurring due to negligence while neglecting his/her duty of care, and due to negligence, he/she received the above victim who was on the side of the cruise motor vehicle and suffered approximately 10 weeks of treatment for the victim due to his/her shock and knee knee feee gne.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. E statements;

1. Traffic accident reports (on-site investigation reports), each photograph, the ledger of use of a drinking measuring instrument, records of breathing, records of drinking tests, records of internal investigation reports, internal investigation reports (applicable with the Hmark formula), and the application of relevant Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the violation of the Road Traffic Act, imprisonment shall be sentenced

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act (the scope of recommendations) shall be the type I of general traffic accident.