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 this judgment becomes final and conclusive.

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car.

On April 27, 2019, at around 20:55, the Defendant was under the influence of alcohol with 0.132% of blood alcohol level 0.132%, and the Defendant was under the influence of Cheongju-si C, Goi-gu, Goi-si.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to safely drive a motor vehicle by observing the central line.

Nevertheless, the Defendant neglected this and received a part of the top left-hand part of the passenger vehicle driven by the Defendant’s driver’s vehicle, which was driven by the victim E (the aged 31) who was driven by the opposite vehicle due to the negligence going beyond the center line and driven by the opposite vehicle while under the influence of alcohol.

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 a climatic salt, which requires medical treatment for about two weeks.

2. Around 20:55 on April 27, 2019, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.132% from the 500-meter section from the front of the “H” road in Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu, to the front of the Cheongju-gu, Chungcheongnam-gu, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report, accident camera, and on-site photograph;

1. Report on circumstantial statements of a drinking driver, and notification of the results of the control of drinking driving;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts.