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 set of car B.

On May 20, 2019, at around 13:15, the Defendant driven the said car with a blood alcohol concentration of 0.194%, and led to the five-lane road in front of the "D House" located in Gyeyang-gu Incheon Metropolitan City, along a one-lane distance from the operational basin to the household distance.

The Defendant, under such influence of alcohol as above, was negligent in the course of duties due to the Defendant’s negligence of neglecting the duty of the front-way and the left-hand and right-hand driving while making it difficult for the Defendant to drive under normal influence, and failure to accurately operate the steering and steering system, and was driven by the Defendant’s MFW behind the Defendant’s driving of the Victim E(27 years old) which was stopped due to the signal atmosphere at the front-way direction of the Defendant’s driving.

As a result, the defendant suffered injury to the victim, such as obsesses and tensions in need of 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. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the defendant repents his mistake in depth, that the damage result from the accident in this case is not relatively much serious, and that the vehicle driven by the defendant is covered by a comprehensive insurance);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to attend lectures;