A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On February 5, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a vehicle with alcohol concentration of 0.175% in blood, while normal driving is difficult due to the influence of alcohol on February 5, 2017, and driven a five-lane 179-lane in the 179-lane from the upstream of the west-gu Seoul, Songpa-gu.

At the time, the defendant's frontline had a duty to safely drive the victim C(76) driver's d taxi for passengers' getting off. Therefore, the defendant engaged in driving service has a duty to safely drive the defendant by reducing speed.

Nevertheless, the Defendant neglected to do so and received the back part of the damaged vehicle as the front part of the Defendant’s vehicle and suffered injury, such as salt, tensions, etc. in need of approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a BA7 car under the influence of alcohol with 0.175% alcohol concentration in blood at the same time and at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is divided by mistake, there exists no record of punishment for the same kind of crime for not less than ten years, the vehicle is covered by a comprehensive automobile insurance, the degree of damage is not severe, and the damaged person does not want the punishment of the defendant by agreement with the