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 this judgment becomes final and conclusive.

Punishment of the crime

1. Around 07:51 on August 13, 2019, the Defendant driven an EM5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.108% at the section of about 30km from around C located in the Gyeonggi-gu Seoul Metropolitan City to the front road.

2. From August 13, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven the EM5 car while under the influence of alcohol of 0.108% in blood alcohol concentration in front of Yeongdeungpo-gu Seoul Metropolitan Government, and driven the eM5 car along the direction from the direction of the side of the Abridge, one lane.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to maintain a safe distance by properly operating the steering and steering gear, as well as to not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and as such, there was a duty of care to safely drive the steering and operating the steering gear by keeping the steering distance well.

Nevertheless, under the influence of alcohol, the Defendant was driven by the Victim F (the age of 40) who was under way in the front of the vehicle while under the influence of alcohol and was under way in the front of the vehicle driven by the Defendant.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dump, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Making a report on the control 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 concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. The aggravated Criminal Act for concurrent crimes.