A defendant shall be punished by imprisonment with prison labor for up to 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 is engaged in driving a car in the B SP area.

On June 23, 2017, the Defendant driven the said car under the influence of alcohol content of 0.146% in blood at around 03:50, and proceeded bypassing one-lane of the two-lanes in front of the farmers' counseling center located in the center of South-gu, South-gu, Seoul at the port of port to the front of the day guard.

Since there is a three-distance intersection section, the driver has a duty of care to safely operate the steering system by reducing the speed and properly operating the steering and brakes.

Nevertheless, the Defendant neglected this and received the parts of the body of the victim C (V, 49 years old) who was reporting on a traffic island due to negligence in the course of business, bypassing the sidewalk without reducing the speed while under the influence of alcohol as seen above, with the front right side of the said vehicle.

As a result, the Defendant suffered injury, such as an injury to the victim due to the above occupational negligence, such as an external wound with no open room within the chest scarlet that requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. C’s statement;

1. A traffic accident report;

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

1. Relevant Article 3 (1), the proviso to Article 3 (2) 8 and 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of driving alcohol and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act (to the extent that the punishment is aggregated with the long-term punishment of two crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act for general traffic accidents (the injury caused by traffic accidents) are the basic area (4 months to 1 year) (the person subject to special mitigation).