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

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

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in the operation of the ChalogCC car.

On August 21, 2018, the Defendant driven the said car while under the influence of alcohol around 00:45 and entered the front road of Dongdaemun-gu Seoul Metropolitan Government into the front road from the Sungdong-dong, Dongdaemun-gu, Seoul to the front of the road.

In such cases, the driver of a motor vehicle shall not drive the motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking, and has the duty of care to prevent accidents in advance by accurately manipulating the traffic situation, steering system, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform the above duty of care in such a state that it is difficult to drive a car as it is difficult for the Defendant to cross the road to go beyond the opposite line, and due to the negligence of crossing the road, the victim E (38 cm) operated on the left side of the said car, and received the right side part of the F125 cc motor bicycle in front of the said car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which caused approximately 12 weeks to the left-hand son in need of medical treatment.

2. Around 00:45 on August 21, 2018, the Defendant driven a CYCC car in a state of about 20 meters alcohol concentration from the section from the Dongdaemun-gu Seoul Metropolitan Government D D to the front road of Dongdaemun-gu Seoul Dongdaemun-gu to KRW 0.106%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), and Article 44-2 (2) of the Road Traffic Act.