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

The defendant is a person who is engaged in driving a K5-car.

On April 16, 2014, the Defendant was under the influence of alcohol of 0.121% of blood alcohol concentration at around 04:48, and the Defendant was negligent in neglecting the obligation of the victim C (39 years old) who was under the influence of alcohol and was negligent in driving the said vehicle at the front of the victim’s vehicle in the front direction of the passenger vehicle, while driving the two-lane ahead of the white three-lane distance located in the Clock-on located in the Clock-Eup located in the Clock-on in the Clock-on in the Clock-on. The Defendant did not avoid driving of the victim’s vehicle under the influence of the traffic at the front direction of the Defendant’s vehicle, and received the back part of the victim’s vehicle.

The Defendant suffered injury to the victim, such as duplicating duplicating duplicating 10 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The circumstantial statement (A) and the report on detection of a host driver;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Special Cases Concerning the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 8 of the Act, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of driving in sound and the choice of imprisonment);

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to attend a compliance driving lecture [the scope of recommendation] General traffic accident category 1 (the injury caused by traffic accident) (the person subject to special mitigation] / In a case where the illegality in the proviso of Article 3(2) of the School Specialized Law is serious (the decision of sentence] 8 months, and the suspension of execution 2 years, the defendant was driving while under the influence of alcohol and caused the accident of this case.