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 B-to-car.

On January 20, 2019, at around 01:15, the Defendant driven the said car with a blood alcohol concentration of 0.139%, and led the Defendant to drive the said car at approximately 110km per hour in accordance with the south-dong, Incheon, Namdong-gu, and drive the 587-lane 4-line road in front of the bambooproof ginseng-distance crosswalk, which is located in 587, along the south-dong, Nam-gu, Incheon.

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 since it is at night and its restricted speed is 60 km, he/she has a duty of care to observe the restricted speed and prevent the accident by checking well the front left.

Nevertheless, the Defendant was negligent in driving at a speed exceeding 50 km by negligence while under the influence of alcohol that it was difficult to operate a normal driving system while under the influence of alcohol, and was driven by the victim C(54 years old) who was under the influence of the said vehicle at the front part of the vehicle.

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as brain-fighting in which there is no room for two weeks of medical treatment, and the victim E (the age of 37) who was aboard the said taxi was in need of medical treatment for about four weeks, and suffered injury, such as the duplic of a cuplic of a cuplic of a cuplic of which medical treatment is required for about 12 weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. C and police statements in preparation of the F;

1. A report on accidents in preparation of E;

1. The actual condition survey report;

1. A written appraisal of blood alcohol;

1. A traffic accident EDR analysis;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Commercial concurrence;