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

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

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

1. On January 29, 2017, the Defendant, while driving the said vehicle under the influence of alcohol content of 0.173% in blood around 02:21 on January 29, 2017, and driving the said vehicle into four-lanes in the direction of the promotion apartment distance as Seocho-gu Seoul, Seocho-gu, Seoul, while driving the said vehicle into four-lanes in the direction of the promotion apartment distance.

In this case, a person engaged in driving service has a duty of care to properly see the front side and the left side of the start and to prevent accidents by accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive in a state where it is difficult to drive in a normal condition while driving, caused the Defendant’s negligence to shock the part of the Defendant’s vehicle behind the Da K5 taxi, which was parked in the front of the Defendant’s vehicle.

Accordingly, the Defendant suffered injury to the victim, such as “infection flusium, tension, and chest flusium,” which requires treatment for about two weeks.

2. Around 02:21, 201, the Defendant driven the said rocketing vehicle under the influence of alcohol content of 0.173% in blood, at around 02:21, the Defendant was under the influence of alcohol at around 7:7, Gangnam-gu Seoul, Seoul, the Seocho-gu, Seoul, the place of accident, and the front road of 77:3 Gangnam-gu, Gangnam-gu, Seoul, the place of accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the Acts and subordinate statutes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (Provided, That the lowest limit shall be determined for the crimes of violating the Road Traffic Act).