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.

Punishment of the crime

The defendant is a person who is engaged in the service of operating a cruise car.

1. On June 27, 2020, the Defendant was under the influence of alcohol of 03:24% by blood alcohol concentration of 0.116%, and the Defendant was driving the said car at a section of about 400 meters from the front point of “D” located in the Namdong-gu Incheon Metropolitan City, Namdong-gu, Incheon to the front road of “F cafeteria” located in the Namdong-gu, Incheon.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driven by the said car while under the influence of alcohol at a temporary crossing, and the Defendant continued to drive the said car in front of the “F cafeteria” road located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, with the speed of one-lane from the Incheon comprehensive terminal room to the G school room.

In such cases, there was a duty of care to safely drive a motor vehicle by checking the right and the right and the right in a normal state without drinking the person engaged in driving of the motor vehicle.

Nevertheless, the Defendant neglected this and went under the influence of alcohol, and was driven by the victim H (Nam, 29 years of age) who tried to stop in the front of the horse at the time when the Defendant was driving. The Defendant got the front part of the said cruise car operated by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the regulation of drinking driving;

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, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning criminal facts.