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 became final and conclusive.

Punishment of the crime

1. The defendant is a person who is engaged in driving a vehicle BM5 car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 21, 2020, the Defendant, while driving the said vehicle with a blood alcohol concentration of 0.113% 0.13% around 23:43, and driving the said vehicle along a two-lane road in front of the Westernbuk-gu, Western-gu, Seocheon-gu, the Defendant changed the lane into one lane to the opposite line while driving it along two-lanes from the opposite line.

In such cases, the driver of a motor vehicle has a duty of care to check whether there is a vehicle, etc. in the way that he/she intends to change the traffic situation of the front and rear left, and to prevent the accident in advance after changing the vehicle line.

The Defendant, while under the influence of alcohol, neglected to look well at the rear side while changing the rear line, received the right side of the EW 125 motorcycle driving by the victim D (year 23) who was driving in one lane due to the negligence of changing the rear line, and had the victim go beyond the ground.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as fingers, scams, etc., and tensions, which require approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a BM5 vehicle at approximately 2 km from the day before a restaurant in the Seongbuk-gu, Seoan-gu, Seoan-gu, Seocheon-gu to the front day of Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu while under the influence of alcohol 0.13% of the blood alcohol concentration at the time and time set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on a traffic accident (1) actual condition survey report and a report on the occurrence of a traffic accident;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant provisions of the Act and the proviso to Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.