A defendant shall be punished by imprisonment with prison labor for up to 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.

Punishment of the crime

The defendant is a person who is engaged in driving a BM3 car.

On February 6, 2016, under the influence of alcohol content 0.151% in blood around 00:01, the Defendant driven the said SM3 car and proceeded ahead of the Dju shop located in Pyeongtaek-si C with approximately 10km in two lanes in letter.

At this point, there is a center line of yellow solid lines and there is a frequent vehicle moving, so there was a duty of care to prevent accidents by safely driving along the lane by checking both the center line and the left and the right.

Nevertheless, while neglecting this, the Defendant was negligent in driving the central line, and was negligent in breaking it in the opposite lane and driving it on the opposite lane in one lane between the two lanes opposite to the madle, and the victim E (W, 32 years old) who driven by the FIst and other vehicles, followed the pent part of the FIst and other vehicles driving by the Defendant’s vehicle into the front part of the right part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the need for medical treatment for about two weeks, due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The survey report, on-site photographs, notification of the results of crackdown on drinking driving, and the application of Acts and subordinate statutes;

1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (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 for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

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 mitigated area (one month to six months).