A defendant shall be punished by imprisonment for not less than eight 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.

Punishment of the crime

On February 7, 2018, the Defendant, while under the influence of 0.111% alcohol level among blood alcohol level around 20:01, caused a traffic accident that shocks the part of the Defendant’s driver’s vehicle, sent forward to the rear part of the vehicle and stops at the rear, due to the negligence that the Defendant neglected his/her duty of care while under the influence of alcohol level in the process of moving back at the speed above the center for the residents of the bank in front of the Seongbuk-gu, Sungnam-si.

The victim D(59) and the victim E (55 years old) who is the driver of the victimized vehicle due to the traffic accident, suffered from the injury of the harming vehicle, such as salt, tensions, etc. in the climatic clife that requires treatment for about 3 weeks; the victim F (5 years old) who was on board the damaged vehicle, caused the injury of the blife, etc. in the harming the harming of the harming body that requires treatment for about 2 weeks; and the victim G (13 years old) who was on board the damaged vehicle, suffered from the injury of the verte, tension, etc. of the bones, which requires treatment for about 2 weeks.

Accordingly, the Defendant driven a motor vehicle while under the influence of alcohol and caused the injury of people.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

1. Articles 40 and 50 (Punishments provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment for Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavier criminal standing);

1. Making a choice of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment and the crime against the violation of Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.