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.

Criminal facts

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

1. On July 2, 2019, at around 00:25, the Defendant driven the said car under the influence of alcohol by 0.161% in the section of about 1km from the front of a restaurant near the Bupyeong-gu Incheon Bupyeong-dong, Incheon Bupyeong-gu, to the D Jeongmun-gu, Incheon Bupyeong-gu, from the front of a restaurant near the Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

2. On July 2, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a motor vehicle with blood alcohol concentration of 0.161%, while under the influence of alcohol on July 2, 2019, and led the said motor vehicle to proceed from the side of the Bupyeong-gu Incheon Bupyeong-gu Office towards the mountain basin.

At that time, in the opposite part of the car driven by the victim E (n.e., 19 years old) was signaled in order to turn to the left, and thus, the driver of the vehicle has a duty of care to look at the front and rear left well, to accurately operate the steering direction and operating operation of the vehicle, to prevent the accident in advance by operating the vehicle without over the center line.

Nevertheless, the Defendant neglected to drive normally due to the above influence of drinking, and was negligent in overcoming the center line, and received the front portion of the victim’s passenger vehicle as the front part of the Defendant’s passenger vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

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

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and the choice of punishment;