A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving cars BM5

On November 8, 2018, at around 19:50, the Defendant: (a) while driving the said vehicle while driving the vehicle at a alcohol level of 0.117% in alcohol level; (b) while driving the vehicle at the front of C at the prime week, the Defendant was negligent in driving the vehicle under the influence of alcohol despite the fact that there was a duty of care to safely drive the vehicle at the front of C; (c) while neglecting to drive the vehicle under the influence of alcohol; and (d) by neglecting to drive the vehicle at the front section of the vehicle in front of the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered a elbow in the arms which requires approximately three weeks of treatment to the victim.

2. The Defendant, at the same time and place, driven BM5 automobiles under the influence of alcohol level of 0.117% in blood at the same time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A survey report on actual condition, an accident site photograph, notification of the results of the drinking driving control, and each medical certificate;

1. Application of statutes concerning criminal records;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts;

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

1. Although there are circumstances unfavorable to the defendant, such as the fact that there is a previous offense against the defendant under Article 62(1) of the Criminal Act, the crime of this case is committed in light of the method and result, etc., and the crime of this case is committed without agreement with the victim, the defendant has no criminal record of suspended execution or more due to the same crime, and the vehicle operated by the defendant at the time of the traffic accident of this case.