A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. The Defendant is a person engaged in driving a vehicle BM7 vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On October 17, 2017, around 22:05, the Defendant was moving to three lanes from 12.6 km to 3 lanes from the 12.6 km away from the 12.6 km away from the Central Highway of Geumcheon-gu in Yangsan.

A person engaged in driving service shall not drive when under the influence of alcohol, and has a duty of care to drive safely by thoroughly performing the duty of care in the front time.

Nevertheless, the Defendant, while neglecting the above duty of care, was driven under the influence of alcohol level of 0.138% in blood while driving in the influence of alcohol level of 0.138%, and was negligent in driving on the front side to drive on an expressway exit from the front side to the expressway exit, and the back portion of the D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

As a result, the Defendant suffered injury to the victim by negligence in the course of business, such as salt ties, tensions, etc. in need of two weeks of treatment.

2. On October 17, 2017, the Defendant was under the influence of alcohol concentration of about 0.138% at the section of about 18km, from the front of a mutually influent restaurant in the city of Busan on October 22:05, the Defendant driven the said SM7 car in the state of under the influence of alcohol concentration of about 0.138% at the distance of about 18km to the front of the central road in the city of Yangsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. C’s statement;

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

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the injury caused by a failure to perform the duty of selecting a punishment: Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the same Act,

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the imprisonment without prison labor and the imprisonment without prison labor deemed as the same punishment and the imprisonment with prison labor shall be deemed as imprisonment, and the upper limit of the punishment shall be deemed as both crimes.