A defendant shall be punished by imprisonment for four 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 BP car.

On October 19, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.166% among the blood transfusion around 23:00, and continued to drive the said vehicle under the influence of alcohol level of 0.16% prior to the 49 New White Park, the front side of the 49 New Gao-ro, Incheon Metropolitan City.

Since there are a lot of vehicles parked on the street as a one-lane road, the driver of the vehicle has a duty of care to safely operate the steering gear and brake system and prevent the accident in advance by driving it in a safe way.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and stopped on the opposite side of the Defendant’s vehicle in front of the Defendant’s driver’s vehicle driving at C (W, 32 years old) driving, took the front side of the Defendant’s vehicle driving at the left side of the Defendant’s vehicle, and suffered injury, such as the pipe and tension and tension of the part where approximately two weeks of unclear treatment is required for the Defendant’s vehicle driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition and a statement on the circumstances of driving at home;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act (the punishment shall be aggravated by concurrent crimes with the punishment prescribed for a crime concerning the treatment of heavy traffic accidents) and shall be punished by imprisonment with prison labor as an aggravated punishment, and the lower limit of the punishment shall be the punishment prescribed for a crime concerning the violation of traffic laws on roads (driving) (the above two).