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 becomes final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

At around 01:00 on January 3, 2020, the Defendant driven the above K5 vehicle under the influence of alcohol content of 0.115% with no driver’s license for automobiles. On the other hand, the Defendant driven the said K5 vehicle under the influence of alcohol content of 0.115%, and proceeded with the Seoul Yangyang Highway located in the Namyang-si, Namyang-si, Seoul, with the sc

Since there is a highway where the traffic of vehicles is frequent, there was a duty of care to safely drive the vehicle, such as seeing the front door and complying with the speed limit.

Nevertheless, the Defendant, while under the influence of alcohol, proceeds at a speed of about 162 km per hour exceeding the restricted speed while neglecting the above duty of care, neglected the duty of care on the front and the steering gear, and was negligent in neglecting the duty of care on the front and the operation of the steering and steering gear at the front of the Defendant’s vehicle by failing to accurately operate the steering and operating the steering gear at the front of the Defendant.

As a result, the Defendant did not obtain a driver's license in a state where normal driving is difficult due to the influence of drinking, and driving the above K5 vehicle, thereby resulting in the victim's injury, such as light and fluoral salt, which requires approximately six weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Reports on occurrence of traffic accidents, reports on the state of drinking drivers, and reports on the control of drinking driving;

1. Investigation report (report on the current status of a driver), investigation report (related to response to requests for appraisal by the National Institute of Scientific Investigation);

1. A traffic accident analysis and appraisal report;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Articles 148-2(3)2 and 44(1) of the Road Traffic Act concerning criminal facts (the point of driving while driving at risk).