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

The defendant is a person who drives a K5-car.

On February 13, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.125% among the blood transfusions on February 13, 2018, and led it to the first floor above the third floor above the Seoul Geumcheon-gu Seoul building.

Since there was a road in the building and a vehicle coming from the opposite lane at the time, there was a duty of care to reduce the speed to those engaged in driving service and safely proceed along their own lanes to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the part of the left-hand side of the EMW car driven by the victim D (39 years old) which was driven by the opposite lane due to the negligence beyond his own car line, and received the part on the left-hand side of the Defendant’s car.

Ultimately, as seen above, the Defendant suffered injury to the victim D, such as salt, tensions, etc., in need of approximately two weeks of treatment by occupational negligence, and injury to the victim F of the damaged vehicle for about two weeks of treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of each traffic accident prepared by the F and D;

1. A traffic accident report;

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

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking), 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 concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor and selection of imprisonment without prison labor for a crime of violation of traffic law at the option of punishment and a violation of the Act on Special Cases concerning Traffic Accident Settlement;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act (Punishment with imprisonment within the scope of a prison term aggregated with a maximum term of a punishment prescribed for each crime);

1. Suspension of execution;