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

The Defendant is a person who is engaged in driving of a XG car after obtaining D New York franchise.

On July 11, 2017, the Defendant, while under the influence of alcohol content of 0.182% among the blood transfusion around 01:40 on July 11, 2017, came to proceed along three-lanes among the four-lane roads of Samsung East-dong, Daejeon, Samsung-dong Intersection, from the Ne-distance bank of Sungnam to the Ne-distance bank of Samsung-dong.

At night, the vehicle was stopped in front of the defendant's moving direction, and in such a case, the driver has a duty of care to maintain the safety distance by thoroughly operating the brake system at the front time while lowering the speed, and maintaining the safety distance.

Nevertheless, due to the negligence of being negligent in driving while under the influence of alcohol, the back part of the victim E driving FE EX which was stopped in the signal atmosphere before the defendant's moving direction and was the front part of the XG car.

Ultimately, the Defendant suffered injury to the victim, such as the pipe and tension of the part in need of approximately two weeks of medical treatment, and the pipe and tension of the part in need of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of enforcement manual statutes;

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 said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the driver was involved in a traffic accident while driving in a drinking state while driving in a drinking state and that there is two times the record of the crime of drinking driving.