A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving a passenger car at C20D event.

On June 25, 2020, at around 21:10, the Defendant driven the said car while under the influence of alcohol of 0.146% of alcohol concentration, and directed D front road located in East-gu, Dong-gu, Chungcheongnam-gu, Yanan-gu, Seoul to the shocking direction from the side of the E school.

Since the place is a road with the center line of yellow solid lines, there was a duty of care to prevent accidents, such as a person engaged in driving a motor vehicle, who is well aware of the front side and the left side and safely driving the motor vehicle by observing the driving lane.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while normal operation is difficult due to the influence of alcohol, and caused the victim F (F, South and 30 years old) who was frighted in the middle line of the yellow-line due to the negligence of breaking the center line of the yellow-line and driven in the opposite lane, to the front part of the Defendant’s enttsts.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of occurrence of a traffic accident prepared by the F;

1. A medical certificate;

1. An accident site photograph;

1. Notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Application of photographic Acts and subordinate statutes to survey reports on actual condition (1) (2);

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;

2. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the maximum period of concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, to the concurrent crimes with the punishment);

3. Suspension of execution;