A defendant shall be punished by imprisonment for not more than ten 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 March 17, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating road traffic law (drinking driving), a fine of two million won as the same crime in the same court on October 27, 2010, and a fine of six million won as the same crime in the same court on April 16, 2012.

The defendant is a person who is engaged in driving of a passenger car B.

On December 28, 2017, the Defendant driven the said car under the influence of alcohol content of 0.244% in blood around 01:00, while driving the said car, and proceeded ahead of the D cafeteria C in the Daegu Western-gu, Seogu, Daegu-gu, with a monthly four-distance outflow from the merchants' four-distance flood.

In this case, a person engaged in driving service has a duty of care to safely operate the steering gear and brakes by accurately manipulating the steering gear and brakes without the influence of alcohol.

Nevertheless, the Defendant neglected this and caused the injury of the victim E (36) due to the negligence of driving a vehicle under the influence of alcohol, following the left-hand side of the FM5 vehicle volume driven by the victim E (36) in the front direction of the Defendant’s driving, resulting in the injury of the victim, such as salt, tension, etc. requiring approximately two weeks of treatment for the above passenger vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Notification of the results of regulating the driving of drinking alcohol and the statement in the circumstances of the driver who takes early drinking;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of summary order accompanied by a copy of the summary order);

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 148-2(1)1 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. They shall choose a sentence of imprisonment without prison labor for the crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents in which the punishment is chosen, and imprisonment with labor for the crime violating the Road Traffic Act;

1. The aggravated Criminal Act for concurrent crimes.