A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 motor vehicle B.

1. On July 10, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car at around 00:08, and led the Defendant to drive the said car at around 00:08, along the three-lane road in the direction of the Silsan City, along the three-lane road in the direction of the Silsan City.

In such cases, the driver has a duty of care to safely operate the steering system and to prevent accidents by properly operating the steering system and steering the steering system.

Nevertheless, the Defendant neglected this and was negligent in driving the road in front of the direction of the defendant's running in the right side of the road without permission, and received the body of the victim D as the front part of the said vehicle.

As a result, the Defendant suffered injury, such as the so-called laging of abandonment, etc., to the right sleep, which requires approximately 10 weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said vehicle at approximately 5 km section from the French Hamdong to the place indicated in paragraph (1) 1, while under the influence of alcohol with 0.129% alcohol concentration in blood, the Defendant driven the said vehicle in the state of under the influence of alcohol at around 0.129%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Data from output of drinking alcohol measurement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 (Selection of Injury or Imprisonment without prison labor) of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts (driving of alcohol and choice of imprisonment with prison labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (Aggravated injury to a victim is serious, but a criminal record exceeds the same criminal record or fine for the defendant.