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 car in a SP area B.

1. On May 8, 2020, the Defendant driven the said vehicle under the influence of alcohol at approximately 2 km section from the Do in front of a restaurant where the trade name in the city of the Seo-gu Busan is unknown, to the front intersection of the hospital located in the same Gu C, at approximately 0.185% of alcohol level, from the 2km section from the Do in front of the hospital located in the same Gu C.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) was driven by a motor vehicle in the spoke area while under the influence of 0.185% of temporary blood alcohol concentration as set forth in paragraph 1, and led the vehicle in front of the said D Hospital to go straighter about 50km in the direction of the E apartment in the direction of the spoke.

In such cases, the driver of the motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle in accordance with the name of the person who is engaged in driving.

Nevertheless, the defendant was driven by the victim F(44 years old) who was under the signal waiting in order to turn to the left at the right side of the vehicle in front of the defendant's vehicle due to the negligence that the defendant was under the influence of alcohol and did not properly operate the vehicle.

As a result, the Defendant, while driving a car in a state where normal driving is difficult due to the influence of drinking, suffered injury such as salt, tension, etc. by driving the car in a state where it is necessary to give approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Application of the following Acts and subordinate statutes to traffic accidents: A written statement on the occurrence of traffic accidents in preparation of the F's statutory statement by the accused, a traffic accident report (1), and a written diagnosis of drinking driving control results;

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