A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a vehicle B with low investment.

On July 30, 2020, the Defendant, while under the influence of alcohol of 0.110% during blood, was driving the said vehicle at approximately 6km from the roads near the Yancheon-gun, Jincheon-gun, Jincheon-gun, Chungcheongnamcheon-do, and was driving the said vehicle at a speed of approximately 70 to 80km per hour on the side of the container crossing, depending on two lanes, at the speed of approximately 70 to 80km per hour.

Since there is a signal, there was a duty of care to safely drive a person engaged in driving of a motor vehicle according to good faith.

Nevertheless, as seen above, the Defendant got the front part of the driver’s seat of the victim C's high-speed car, which was left to the left from the front side of the Defendant’s driving direction due to the negligence in contravention of the signal while driving is difficult due to the influence of drinking, and the Defendant got the front part of the driver’s seat of the above car by the Defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left eyebrow and the heat of mast, which require approximately two weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. C Application of the Act and subordinate statutes to a survey report on actual condition of police statements, a report on the situation of a driver taking the scene of an accident, and a diagnosis of the results of regulating drinking driving;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 (1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act against a mistake and there is no record of punishment);

1. An order to attend a course under Article 62-2 of the Criminal Act;