A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. On February 5, 2016, the Defendant: (a) driven a D-free car with alcohol content of about 500 meters from a section of approximately 500 meters to the front road located in B, namely, a 0.188% under the influence of alcohol on February 5, 2016.

2. The Defendant is a person who is engaged in driving a DNA car in violation of the Road Traffic Act (not after the accident).

On February 5, 2016, the Defendant driven the above vehicle while under the influence of alcohol on February 5, 2016, and driven the two-lane road in front C in Gyeonggi-si B, Gyeonggi-si, along the direction of the right-hand distance from the right-hand side of the terminal at the right-hand speed.

In this case, a person engaged in driving of a vehicle has a duty of care to prevent accidents by accurately manipulating the steering system and brakes of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant did not take necessary measures despite being able to get the center separation stand of the road managed by the victim Pocheon Viewing by negligence while neglecting it, thereby damaging approximately KRW 1,272,70 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure not taken after an accident), Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, 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 suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant had already been punished several times due to driving of drinking alcohol, and driving of the instant drinking again.