A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On March 30, 2019, the Defendant was under the influence of 0.166% of blood alcohol level around 19:00, and was under the influence of 0.16% of blood alcohol level, and was under the influence of B, the Defendant was under the influence of 0.16%, and was under the influence of C in the direction of C in the direction of the Gyeyang-gu Daejeon Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to take care of the rear situation well and to safely take care of the steering gear and brakes by accurately operating them.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D (year 52) who stops behind the Defendant’s car due to negligence in the course of his duty, and was driven by the Defendant’s vehicle due to the Defendant’s fault.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as light salt, tension, etc. which requires treatment for about two weeks to the victim.

Summary of Evidence

1. The report of traffic accident by the police on the police's protocol of interrogation of the accused on the accused's legal statement, the report of traffic accident, the notification of the results of the drinking driving control, the inquiry into the facts, the circumstantial statement of the drinking driver and the investigation report (the report on the circumstances of the drinking driver

1. A medical certificate;

1. Application of the drinking measurement, accident site, boom images-fluor photographs, and the laws and regulations on bluor video CDs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922, Feb. 4, 2020 and enforced May 5, 2020) and the former part of Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16037, Dec. 24, 2018) and Articles 148-2 (2) 2 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Jun. 25, 2019); the choice of imprisonment

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.