Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On August 31, 2016, the Defendant was sentenced to a fine of KRW 5 million by the Incheon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

The Defendant is a person engaging in driving a rocketing car.

around 20:00 on September 10, 2019, the Defendant came to turn to the left from “F apartment” on the side of “E” while under the influence of 0.102% of blood alcohol concentration at the front intersection of “D” located in Jung-gu Incheon Metropolitan City.

At the time, the passenger car was driven by the victim G(65 years old) in the front section of the passenger car, and thus, the driver of the vehicle had a duty of care to see the front section and maintain the safety distance with the preceding vehicle and to prevent the accident by accurately manipulating the steering gear and the brake system.

Nevertheless, the Defendant, while under the influence of alcohol, found at the latest a MF5 car which stopped by reporting pedestrians due to negligence while driving, and received the back part of the MF5 car with the front part of the rocketing car.

Ultimately, the Defendant suffered from the injury of a part of salt, etc., which requires two weeks of medical treatment, to the victim G and the victim I (V, 58 years of age) who was on board the damaged vehicle due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A traffic accident report, a report on the results of the control of drinking driving, a report on the state of drinking drivers, a report on the state of his/her standing, a field photograph, a black box of damaged vehicles, and a yellow survey report;

1. Previous records of judgment: Criminal records, investigation reports (report on confirmation of the same criminal records), and application of statutes governing judgment;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes against Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Punishment;