A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for 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 of a motor vehicle B.

On July 29, 2016, the Defendant driven the above vehicle while under the influence of 0.174% of blood alcohol concentration 0.25 on July 29, 2016, and led to a two-lane road in the direction of the Ministry of Employment and Labor in the direction of the extreme apartment, along with a three-lane road in front of the Sung-dong Sung-dong, Seocheon-dong, Seongbuk-gu, Sungdong-dong.

At the time, the victim C driver's D-Aridi A7 car was sent to the left-hand turn in the opposite direction, and the defendant entered the intersection, so the driver had a duty of care to proceed without entering the opposite direction by properly operating the steering direction and brakes while driving on the front side.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and entered the opposite direction, and took part of the front-hand part of the victim C Driving which was parked in the left-hand turn in the opposite direction due to the negligence of entering the opposite direction, and received the front-hand part of the vehicle.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dynasium, tension, etc., which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. The actual condition survey report;

1. A traffic accident occurrence report;

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. The punishment provided for in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;