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 becomes final and conclusive.

Criminal facts

The defendant is a person who is engaged in driving a B-hand vehicle.

On April 28, 2019, at around 05:30, the Defendant driven the said car with a blood alcohol concentration of 0.118%, and let the driver distance in the Michuhol-gu Incheon Metropolitan City to turn to the left from the boundary of the new engineer distance to the left from the boundary of the twit distance.

Since there is a signal apparatus installed, in such a case, there was a duty of care to safely drive a motor vehicle in accordance with the signals by accurately operating the steering and steering gear with a person engaged in driving of the motor vehicle.

Nevertheless, the Defendant neglected this and caused injury to the victim C (the 57-year-old driver) who was under his/her direct control pursuant to the new subparagraph in the front section of the passenger car of the Defendant, due to the negligence of failing to make a left turn to the right in the front section of the straight line in violation of the signal, and due to the shock of the victim C (the 57-year-old driver) who was under his/her direct control in the front section,

As a result, the Defendant was unable to drive the car normally due to the influence of drinking, and the Defendant sustained injury to the victim by driving the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16307, Dec. 24, 2018 and enforced June 25, 2019) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation do not have any history of punishment exceeding a fine in the past, and reflects his mistake, and the result of damage caused by the instant accident is relatively relatively.