A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 8, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and on March 22, 2007, issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (dacting driving) at the Dong branch of the Busan District Court.

On March 9, 2016, the Defendant, a bicycle driver of B 124CC engine. On March 22, 2016, around 152:2:20, the Defendant driven the bicycle with the above 124CC engine in the state of alcohol 0.120% alcohol concentration in the section of approximately 100 meters from the 100-lane to the front road of the church, which is located in 93-gil-ro 152, Nam-gu, Busan, Nam-gu, the trade name in the vicinity of the Yongsan market near the use market, which is located in 193, to the end of the church.

As above, Defendant E(40) driven by the victim E(S) who was under the influence of alcohol, was able to receive the f110CC motor bicycle riding on the surface of the f.110CC engine, and suffered from the victim’s injury, such as the mouths and closure of the twolleys that require approximately five weeks of treatment.

Accordingly, the defendant was injured by driving the above car while it is difficult to drive the car normally due to the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A report on the detection of a primary driver;

1. A traffic accident report, accident scene, and photograph of an accident vehicle;

1. A medical certificate;

1. Previous records: Application of criminal records and investigation reports (report on binding of criminal records of the same kind of crime) Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) (the choice of each imprisonment with prison labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act (the following sentencing is in heavy importance).