A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 02:00 on March 8, 2018, the Defendant driven a B L-related car under the influence of alcohol concentration of about 1km from the roads near the Dong-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, to the roads located in the Nam-gu, Incheon, Nam-gu, Seoul, under the influence of alcohol concentration of about 0.107%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving a third-party car as set forth in paragraph 1.

The Defendant, while under the influence of alcohol, as described in paragraph (1) of this Article, driven the foregoing motor vehicle under the influence of alcohol, and proceeded along three lanes from the side of “Gu dong” on the road in the "Gu dong-gu, Incheon Metropolitan City Solar Tunnels", thereby driving the motor vehicle in accordance with paragraph (1) of this Article.

At the time, the tunnel section was formed at night, and the vehicle for the Mad victim C(64) driving was in progress prior to the vehicle for the Do SM520 driver, so the defendant has a duty of care to check the progress of the vehicle and to prevent the accident in advance by operating the steering direction and brake system accurately.

Nevertheless, the Defendant neglected this and proceeded as it is, and received the left side part of the victim’s motor vehicle from the front side of the Defendant’s motor vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury, such as “infection dynasium and tension,” which requires approximately two weeks medical treatment, to the said victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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

1. Criminal facts;