A defendant shall be punished by imprisonment for a term of one year and two 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. On November 21, 2019, the Defendant driven CK7 vehicles while under the influence of alcohol of about 0.193% from the 3km section from the roads of the mutual influent restaurant in Nowon-gu, Seoul to the roads in front of the Seoul Southern-gu, Seoul Metropolitan City, the Defendant driven CK7 vehicles under the influence of alcohol of about 0.193%.

2. The defendant is a person engaged in the business of driving CK7 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On November 21, 2019, at around 22:35, the Defendant, as described in the preceding paragraph, proceeded at a speed of 2 lanes in front of the Seoul Northern-gu, Gangnam-gu, Seoul, along the direction of the malfunction, in the direction of the malfunction tunnel, while under the influence of alcohol.

At the time, the signal has changed and the vehicle was stopped, so in such a case, there was a duty of care for the person engaged in driving the vehicle to keep the front door well and to temporarily operate the brake.

Nevertheless, the Defendant neglected this and neglected the operation of the brakes in the front of the vehicle operated by the Defendant, which was operated by the victim D(the age of 46) who was under the influence of a sudden failure to operate the brakes at the front of the vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation reports and investigation reports (related to whether the accused is injured by the injured party);

1. Traffic accident report, report on the circumstances of a drinking driver, and report on detection of a drinking driver;

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

1. Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 148-2 (3)