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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B LV car;

On October 30, 2019, the Defendant driven the said car at a rate of 0.161% of blood alcohol concentration around 04:30 on October 30, 2019, and driven the said car at a rate of 0.161%, leading the two-lanes in front of the 245 Dowon Station in Dong-gu Incheon Metropolitan City, Dong-gu, Incheon, to a one-lane away from the Incheon Tax Office.

In such cases, a driver of a motor vehicle has a duty of care to take care of traffic situation in front and to prevent accidents in advance by accurately manipulating steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected this and received the backer of the E-ray vehicle from the victim D (Nam, 45 years old) who stops for the signal atmosphere on the lane in which the Defendant is driving.

As a result, the Defendant suffered approximately two weeks’ salt ties, tensions, etc. from the victim by negligence in the course of performing duties, which is difficult to drive normally due to the influence of drinking.

2. The Defendant violated the Road Traffic Act (driving) driving a B LV car under the influence of alcohol concentration of 0.161% in the direction of the Dowon Station set forth in paragraphs (1) through (2) in front of the Dowon Station set forth in paragraph (1) at the time and time border as set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

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

1. Report on the statement of the status of a drinking driver, and report on the status of a drinking driver;

1. Convenience points, receipts, and respective photographs (Nos. 16 through 18, 21, and 23 in the evidence list);

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

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