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 of the final judgment.

Punishment of the crime

1. Around 02:30 on August 31, 2018, the Defendant driving a B rocketing car under the influence of alcohol level 0.220% at a cafeteria where the trade name of the Myeoncdong in Jung-gu Seoul is unknown, from the 10km section to the Hopan Highway in the 579-3 East-dong, Namyang-gu, Gyeonggi-do, the Defendant driven a B rocketing car under the influence of alcohol level 0.220%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven B rocketing car with blood alcohol concentration of 0.220% at the time and place indicated in paragraph 1, and continued to run approximately 80 KK meters at the speed from the Seoul Airside to the Hopon air level.

At that time, night and at that time, they were speeded, so in such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the vehicle, such as making a good report on the traffic situation in the front time and accurately manipulating the steering system, etc.

Nevertheless, the defendant neglected this and failed to properly operate the brake system under the influence of alcohol, and caused the collision between the rear side of the DNA cargo vehicle driven by the victim C(38 years old) on the front side of the defendant's vehicle, and caused the collision to the central separation unit installed on the left side.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered approximately two weeks of medical treatment from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s traffic accident statement;

1. A traffic accident report, a field photograph and map at the time of the accident, a report on the detection of the hazards, and a report on the circumstantial statement of a drinking driver;

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 (the point of causing bodily injury to a dangerous driving), Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of driving a sound driving) concerning criminal facts.