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.

Punishment of the crime

The defendant is engaged in the duty of driving the CMW car.

On December 23, 2017, while under the influence of alcohol 08:118% during blood transfusion, the Defendant driven the said BMW car and proceeded in the direction of the king direction of the CMW car between the king in the Yacheon-si and the king of the BMW car in the Yacheon-si, Sincheon-si.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and he/she has a duty of care to prevent accidents in advance by safely driving a motor vehicle by checking well.

Nevertheless, while driving the said BMW car under the influence of alcohol while it is difficult for the Defendant to drive it normally due to its negligence, the Defendant received the victim D(29 years old) driving on five-lanes on the mast Road from the part of the victim D(29 years old) in front of the said BM car, and suffered an injury, such as a flaging down in need of approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report of a traffic accident (inspection report on the actual condition), investigation report (report on the situation of the driver in charge of driving) (Evidence No. 7), and notification of the results of crackdown on driving under drinking;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving), 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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing of Article 62-2 of the Criminal Act is based on the following: (a) in light of the degree of alcohol content in the blood of the accused, the degree of injury to the victim, and the circumstances after the crime, etc., the nature of the crime is vague; (b) the accused is against the mistake; and (c) the primary crime is