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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On July 14, 2009, the Defendant issued a summary order of KRW 1,500,000 as a fine for a crime of violating the Road Traffic Act at the Incheon District Court, and on July 4, 2016, the same court issued a summary order of KRW 1,50,000 as a fine for the same crime.

[Criminal facts] The Defendant is a person who is engaged in driving a passenger car of B low-priced typ.

On September 9, 2018, the Defendant was under the influence of alcohol level of 0.151% during blood transfusion around 10:51 on Sep. 10, 2018, and was under the influence of alcohol level of 0.151% on the road in front of the Incheon Southern-gu, Incheon, and went back from the boundary of the public parking lot to the front side of the south-gu

Since there are many vehicles parked around that place and there is no signal apparatus, in such a case, there was a duty of care to safely drive a person engaged in driving a motor vehicle by checking well before and after the time.

Nevertheless, the Defendant, by negligence, neglected to perform such duty of care due to the influence of drinking, caused the injury of the victim F (F) who was waiting in the second while driving the said high-speed car while driving the vehicle, due to the influence of drinking, by taking the front part of the victim D (F) (FF) driving in the front part of the said high-speed car, and taking the victim into account the front part of the said high-speed car and then suffered from the victim F (F) who was waiting in the said high-speed car for about two weeks of medical treatment, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver involved in driving;

1. Each written diagnosis;

1. Previous convictions in judgment: Investigation report (verification of the records of drinking not less than twice) and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.