A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a person engaging in driving a Party B’s car.

On December 15, 2016, the Defendant was under the influence of alcohol content of 0.146% during blood transfusion 19:35 on December 15, 2016, and was under the influence of alcohol, the Defendant continued to proceed with the intersection of the distance in front of the DNA telesc in Gangwon-gu, Gangwon-do, the front line of the DNA telescopic, at the front line of the day.

Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance, such as safe driving according to signals.

Nevertheless, the Defendant neglected to do so and opened a red, cross-road and walked, and entered the intersection in which normal driving is difficult due to influence of drinking, such as walking, etc., and received the part of the right side of the victim E (n.e., 44 years old) driving, which proceeds from the intersection in accordance with the right straight line from the left side of the direction of the Defendant’s running.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as climatic salt, tension, etc. and stress disorder, which require medical treatment for at least two months, from around two weeks, on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A circumstantial report on whether to drive any danger;

1. A survey report on actual conditions;

1. Response to a request for appraisal;

1. Investigation report (the current state as at the time of dispatch to the site and the reasons for measuring blood collection), investigation report (the alcohol concentration in blood);

1. Application of each written diagnosis and written confirmation of hospitalization Acts and subordinate statutes;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment, respectively);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 (each of the above) of the Act on the Aggravation of Concurrent Crimes