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.

Criminal facts

The Defendant is a person who is engaged in driving a small-scale car B.

On September 8, 2019, the Defendant driven the said car while under the influence of alcohol level of 0.129% in front of LP 8-4, such as street, etc. on the north-west Coastal Road, Jung-gu, Incheon, Jung-gu, Incheon, 2833-2, North Korea Coastal Road, etc., and led it to the king from the king side.

At this point, the speed limit is 60km per hour, and the road has a yellow solid line and a protective wall installed at the center of the road. On the opposite lane, the victim C(27 years of age) is driving a motor vehicle, so the driver of the motor vehicle has a duty of care to observe the speed and center line and to prevent accidents by accurately manipulating the brakes and steering gear.

그럼에도 피고인은 위와 같이 술에 취하여 정상적인 운전이 곤란한 상태에서 위 소나타 승용차를 시속 약 200km로 진행한 과실로 위 소나타 승용차로 도로 중앙에 설치된 방호벽들을 들이받아, 위 방호벽들로 하여금 반대 차로로 튕겨져 나가 위 싼타페 승용차의 앞 유리창 부분 등에 부딪히게 하였다.

Ultimately, the Defendant by occupational negligence sustained injury to the victim E (the age 22) who was on the part of the Defendant’s franchising to the above franchising car for about four weeks in need of medical treatment, and the victim F (the age 58) who was on the part of the victim C and the above franchising car for about three weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C and E;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Each written diagnosis;

1. Application of traffic accident analysis Acts and subordinate statutes;

1. The violation of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving): Each specific crime;