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

except that 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

1. Around 22:55 on October 22, 2019, the Defendant was driving a vehicle of QM3 in the state of alcohol 0.163% under the influence of alcohol in the section of about 1 KM from the front day of a restaurant where the trade name in the Yongsan-gu Busan Metropolitan City, Seogu cannot be known to the front day of the route in the same Gu from around 1KM to the front day of the route in the same Gu.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said car under the influence of alcohol by 0.163% at the same time and place as the above paragraph (1) and changed the car line from the second line to the first line from the two lanes while driving the said car to approximately 30 KM at the speed from the river direction to the E direction.

It is a four-way road that has a lot of motor vehicle traffic, so in such a case, the driver of the motor vehicle has a duty of care to prevent accidents by checking whether another motor vehicle is proceeding on the left-hand side, properly manipulating the steering direction and brake system and changing the course of the motor vehicle.

Nevertheless, the Defendant neglected this and changed the vehicle line as it is under the influence of alcohol and received the part of GM5 car driving ahead of the right-hand part of GM5 car driving by the victim F, who was going on the first line of the said road, as the Defendant’s driver’s seat.

Ultimately, the Defendant driven the Defendant’s car in a state where normal driving is difficult due to the influence of drinking, and suffered from the Defendant’s injury, such as the crypum dump in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of drinking control;

1. The actual condition survey report;

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

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) concerning criminal facts (the point of causing danger driving) and Article 148-2 of the Road Traffic Act.