A defendant shall be punished by imprisonment for 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. The Defendant is a person engaging in driving a vehicle BM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk)

On July 29, 2018, the Defendant driven the said car under the influence of alcohol content of 0.206% during blood transfusion on July 22:58, 2018, and led to a speed of about 40km per hour at a speed of about 40km per hour when he/she had a two-lane road in front of Seocheon-si, Busan, along the two-lane.

At that time, the signal, etc. was installed, and the defendant was followed by the victim D (29 years old) who is ahead of the same direction, and thus, the driver of the motor vehicle was obliged to safely drive the motor vehicle in accordance with the traffic signals and to prevent the accident to be driven by the driver of the motor vehicle in advance by taking into account the situation of the motor vehicle in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, received the part of the victim’s vehicle behind the Defendant’s vehicle in a stop in accordance with the vehicle red signal and received the part of the driver’s vehicle behind the Defendant’s vehicle.

As above, the Defendant suffered injury to the victim, such as cerebral wave, which requires medical treatment for about two weeks, by negligence in the course of business, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol.

2. On July 22:58, 2018, the Defendant driven a BM5 vehicle under the influence of alcohol content of 0.206% from the 2km section from the 2km section from the southwest Station of the Tamban-dong, Seocheon-si, Seocheon-si to the front road of Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Survey report on the actual condition, photographs, report on the situation of driving a drinking, report on the circumstances of a driver driving a drinking, and report on the results of regulating drinking;

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.