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.

Punishment of the crime

1. The defendant is a person engaged in driving a second motorcycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On October 19, 2018, the Defendant driven the above motorcycle at a speed that is difficult to drive normally due to alcohol level of 0.109% around 04:20%, but it was difficult for the Defendant to drive the two-lane road ahead of the two-lane intersection, which is located in the Sung-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Samsung, by driving the two-lane road at a speed that is difficult to identify one-lane from the surface of Samsung, along its diameter.

In such cases, the driver of a motorcycle shall not drive a motorcycle while normal driving is difficult due to influence of alcohol, and has the duty of care to prevent accidents in advance by driving the motorcycle safely, such as accurately manipulating the steering gear, brake system, etc. by checking the traffic situation in the front direction.

Nevertheless, the Defendant was driven by the Dsch Rexton vehicle driven by C, who was under the influence of alcohol and left-hand while driving the vehicle, in front of the Defendant’s motorcycle.

As above, the Defendant was negligent in driving the above motorcycle in a situation where normal driving is difficult due to influence of drinking, resulting in the Defendant’s injury to the victim E (Nam, 19 years of age) who is the same passenger as the Defendant’s motorcycle, for about eight weeks of medical treatment.

2. The Defendant driven the above motorcycle at the section of approximately 1.9km from the front side of the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si to the front side of the flow-distance road located in 30-3, Seoan-gu, Seoan-gu, Seocheon-si, Seocheon-si, with the blood alcohol level of 0.109% under the influence of alcohol at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the oral statement of the driver;