A defendant shall be punished by imprisonment for not more than ten months.

Criminal facts

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On December 25, 2016, the Defendant driven the above-mentioned vehicle while under the influence of alcohol 0.115% during blood transfusions on December 25, 2016, and led the court's shooting distance located in the jurisdiction of Suwon-si to the direction of the pipe distance from the shot distances.

As above, the Defendant did not see the front-hand room in a situation where normal driving is difficult due to the influence of drinking, and did not find out the front-hand vehicle for the pedestrian aids driven by the victim D (76 years old) and received the said intention from the Defendant as the front-hand part of the vehicle.

As a result, the defendant suffered cutting prizes without requiring approximately 16 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the detection of a driver engaged in driving, and a measurement and printing of drinking;

1. Field photographs, etc.;

1. A report on investigation;

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. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act [within the scope of the total of the long-term punishments for each crime, however, the lower limit shall be limited to the punishment determined for the crime of violating the Road Traffic Act (limited to driving under influence of alcohol)] of the said Act;

1. Application of the sentencing criteria;

(a) Type 1 (Bodily Injury resulting from Motor Vehicle Accidents) general traffic accidents in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes: Where a serious injury occurs while in the special aggravation area (from August to three years): Where a serious injury occurs, driving of a motor vehicle, etc.;

(b) Offenses of violation of traffic laws on roads: The fact that the sentencing criteria are not set;

C. Scope of revised recommended punishment: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) whose sentencing guidelines are set from 8 months to 3 months of imprisonment and no sentencing guidelines are set.