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 Bsch Rexton car.

On June 29, 2018, the Defendant driven the said car under the influence of alcohol level of 0.120% among blood transfusions on June 29, 2018, and driven the said car along the direction of ecological park located in Gangdong-gu, Gangdong-gu, Seoul, along the three-lanes in front of the South IC, south East-gu, Seoul.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to care in preventing accidents due to the observance of the center line, and to live well on the front side and left side.

Nevertheless, the Defendant neglected this and went beyond the central line, and caused the collision with the front part of the DK5-si operated by the victim C (62 tax) who is waiting for signal at one lane in the opposite direction, as the front part of the Fexton car.

As above, the Defendant driven a motor vehicle under the influence of alcohol level of 0.120% while driving the motor vehicle under the influence of alcohol, and was driving the motor vehicle while normal driving is difficult due to the influence of alcohol, and suffered injury to the victim, such as a hot spring, which does not have any wife in two open for about four weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A traffic accident report;

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

1. Application of Acts and subordinate statutes to diagnostic certificates and photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 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. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the extent that the sum of the long-term punishments of two crimes stipulated in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, is aggravated: Provided, That the lowest sentence of the punishment shall conform to the lowest sentence specified in the crime of violation of Road Traffic Act);