A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] The defendant was sentenced to ten months of suspended sentence on July 6, 2017 to a violation of the Labor Standards Act by the Incheon District Court on July 6, 2017, and the judgment became final and conclusive on July 14, 2017, and is currently under suspended sentence.

[Criminal facts]

1. Around 00:05 on January 18, 2018, the Defendant driven a F body-wide car with alcohol content of about 0.159% from the D parking lot in Yeonsu-gu Incheon Metropolitan City to the front road in the Namdong-gu, Incheon.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving the last car as stated in paragraph 1.

The Defendant, while under the influence of alcohol as stated in paragraph (1), was driving the foregoing vehicle under the influence of alcohol as stated in paragraph (1), and was driving along two lanes from the direction of the Southern-gu Incheon Metropolitan City E, along the entrance of the Southern-dong Authority, toward the private road.

At the time, the H Poter's H Poter's H Poter's G (57) driving at night was moving ahead of the Defendant's automobile, so the Defendant had a duty of care to operate the steering gear and brakes accurately while maintaining the safety distance with the front, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded as it is, and received the back part of the victim’s vehicle as the front part of the Defendant’s vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in injury to the said victim, such as “brain sugar,” which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;