A defendant shall be punished by imprisonment for not more than ten 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. The defendant is a person who drives a motor vehicle by making a franchise in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On May 15, 2020, the Defendant, while under the influence of alcohol at 0.146% of blood alcohol concentration on May 15, 2020, the Defendant was in an inaccurate state that drinking alcohol flows with the East airspace, and that walking is in a remote distance, but driving the said vehicle, the Defendant neglected the duty of e-operation (27 years old) driving of the victim E (the 27-year-old) who stopped due to the vehicle due to the vehicle stop in the front direction while driving the three-lane road in front of the local valley point of the D Bank C located in Busan Metropolitan Government C, due to his occupational negligence, while driving the said vehicle at the front direction of the vehicle.

As a result, the Defendant driven a vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., for about two weeks in need of medical treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at the same time under the influence of alcohol of 0.146% of blood alcohol level, such as paragraph (1) of the same Article, from the Hanmo-gu Intersection of Busan, to the roads in front of the d bank’s valley C located in Busan, Seomo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report (1) (2);

1. Report on the results of the control of drinking driving and investigation report (report on the status of drinking drivers);

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

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (3) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor as to the punishment of the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;