A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. The Defendant is a person who is engaged in driving of a vehicle B with low risk driving (the injury or injury caused by risk driving) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

On October 23, 2016, the Defendant driven the said car under the influence of alcohol level of 0.176% among blood transfusions on October 23, 2016, and driven the road of five-lanes in front of Gangnam-gu Seoul Metropolitan Government Seoul, along the two-lanes from the remote distance between Seoul Customs Office to the insolvency park.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in the driving of a motor vehicle has a duty of care to operate the motor vehicle safely without exceeding the center line thoroughly.

Nevertheless, the Defendant, while neglecting this and under the influence of drinking, was negligent in driving the central line in a situation where normal driving is difficult due to the influence of drinking, and the driving of the victim D(In this case, 45 years old) in the signal waiting to drive a UM3 car in the opposite lane, conflicts with the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. On October 23, 2016, the Defendant was under the influence of alcohol level of 0.176% in blood around 06:5 on the road in Gangnam-gu, Seoul, while driving a vehicle B with low alcohol level of about 3km from the road in Gangnam-gu to the front road in Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. Reports on traffic accidents (1), (2) and reports on occurrence of traffic accidents;

1. A statement of the circumstances of a driver who engages in driving, a report on detection of the driver who engages in driving, and a record of results of drinking;

1. A report on investigation (related to submission of a medical certificate);

1. Application of each Act and subordinate statutes governing vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under Article 5 of the relevant Act.