A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 23, 2012, the Defendant was under the influence of alcohol 0.220% on blood alcohol level at around 02:20 on June 23, 2012, and was driving CBa third-class car, and the Defendant was driving the fourth-lane of the 4rd line road in the front of the Daejeon East-gu Dpart, Daejeon at a speed of about 30 to 40 km from the middle-distance distance slope, on the side of the red-do road. While a person engaged in driving a motor vehicle was under the duty of occupational duty to accurately operate the steering gear and brakes, and to safely proceed by controlling speed in advance, even though he was under the duty of care to operate the motor vehicle while driving the motor vehicle while normal driving of the motor vehicle is difficult due to the influence of alcohol, the part that the victim E (n, 57 years old) who cross the road was shocked with the front driver part of the motor vehicle, and the Defendant was under the influence of 4 weeks at least 4 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report, the report on detection of a de facto driver, and the circumstantial statement of a de facto driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Aggravation of concurrent crimes among concurrent crimes within the scope of adding up the maximum term of the crimes as prescribed by the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the lowest sentence shall be applicable to the crimes as prescribed by the Road Traffic Act, and those as prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes, of which the punishment is heavier, and the maximum sentence shall be applicable);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment with prison labor for not less than one year nor more than 13 years;

2. The scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for a period of one year to six months.