A defendant shall be punished by imprisonment for six months.

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

Criminal facts

The defendant is a person who is engaged in driving a vehicle B with a son.

On January 28, 2018, while under the influence of alcohol 03:38% during blood, the Defendant driven the foregoing car in front of the shooting distance of a sexual hospital located in 155 in Gangdong-gu Seoul, Gangdong-gu, Seoul, and continued to drive the said car at an insular speed from the direction of the cheon Elementary School to the direction of the sexual traffic.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while drinking, and in the case of driving, there was a duty of care to ensure that the driver has a sufficient safety distance with the previous one and to ensure that the driver does not cause an accident by driving the motor vehicle in good manner.

Nevertheless, under the influence of alcohol, the Defendant was unable to discover the D'a car driven by the victim C(57) who is in the front signal waiting prior to the foregoing signal while driving the D'a car, and was unable to operate the brake due to the influence of alcohol, and received the back part of the said car as the front part of the car driven by the Defendant.

Ultimately, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.220% in blood, while driving the said vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury, such as salt, tension, etc. in need of treatment for about two weeks, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. A traffic accident report;

1. A report on the detection of drinking records and a driver involved in driving;

1. A medical certificate;

1. Damage to Defendant vehicles and victim vehicles;

1. Application of Acts and subordinate statutes to a report on investigation (verification of image of damaged vehicles, etc.);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment with prison labor) concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of causing danger driving, the choice of imprisonment with prison labor, etc.);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;