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

The Defendant is a person who is engaged in driving a new franchise vehicle B.

On March 12, 2015, the Defendant driven the above vehicle while under the influence of alcohol of 0.062% of blood alcohol concentration around 07:10 on March 12, 2015, and led the vehicle to proceed one-lane in front of Daegu Dong-gu C from the direction of the Ansan Environmental Research Institute.

In this case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle without harming the central line by accurately manipulating the front line and the left and right of the motor vehicle driving.

Nevertheless, the Defendant neglected this and was negligent in driving the center line with the center line, and received the front part of the victim D(39 years old) E-Potered vehicle in the opposite direction.

As a result, the Defendant suffered injury to the victim, such as cutting the right frame, which requires medical treatment for about 14 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the actual state of the driver;

1. Investigation reports (with respect to the Madmark);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, 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 concerning facts constituting an offense;

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;

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the Punishment, Non-Punishment, and Specialized Education Act, the basic area (4-10 months) of the first category of traffic accidents (the injury caused by traffic accidents) (the special person] of Article 3(2) of the Act on the Punishment, Non-Punishment and Special Education.