A defendant shall be punished by imprisonment for not more than ten months.

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

1. The Defendant is a person engaged in driving the B-learning car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On December 8, 2017, the Defendant driven a frighting vehicle under the influence of alcohol concentration of 0.248% among blood transfusions on December 23:40, 2017, and led Seocho-gu C to proceed along the two-lanes among the four-lane roads in the direction of a lower fire station from the Seocho Village.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and he/she has a duty of care to safely drive the motor vehicle along the vehicle line and prevent the accident by safely driving it, such as making a well-round traffic situation, and accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to breath, caused the side of the right side of the E-friendly vehicle driven by the victim D (D, 37 years old) who was driving along one lane due to negligence, with the front right side, the wheels and the pentle part.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. On December 8, 2017, the Defendant was under the influence of alcohol content of 0.248% during blood transfusion around 23:40 on December 8, 2017, the Defendant driven B-learning car in the section of approximately 2 km from the area near Gangnamnam Station located in 396 as Gangnam-gu Seoul to the front day of Seoul Seocho-gu, Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of traffic situation in D;

1. Reporting on detection of a driver at the main place of business (measurement of pulmon);

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 as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of danger, the choice of imprisonment), Articles 148-2(2)1 and 44(1) of the Road Traffic Act (the driving of drinking alcohol).