A defendant shall be punished by imprisonment for not more than ten 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. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a B-line.

On June 19, 2019, at around 11:28, the Defendant, while under the influence of alcohol of 0.306%, driven the above passenger car, and led the roads in front of the DNA oil station C in the Southern-gu Incheon Metropolitan City, to proceed with the front of the Daehan-gu, Nam-gu, Incheon.

In this case, the driver of the vehicle has a duty of care to live well on the front side, maintain a reasonable distance from the front, and operate the brake in the timely manner.

Under the influence of alcohol, the Defendant neglected this and received the back part of the Frane car driven by the victim E (the age of 57) who was in the atmosphere of the signal at the front of the Defendant’s seat.

Ultimately, the Defendant driving the said van in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim E, such as salt, tensions, etc. of a string that requires a two-day medical treatment, and suffered injury to the victim G (V, 31 years of age) who is the passenger of the damaged vehicle for about three weeks, such as salt, tensions, etc.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in paragraph (1) of this Article, and operated a line of 10 km away from the front of the Hodong-gu Incheon Metropolitan City H building to the front of the Djuju station located in Nam-gu, Incheon, Nam-gu, Incheon, while under the influence of alcohol concentration of about 0.306%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. The circumstantial statement, investigation report, and report on detection of the drinking driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts and the choice of punishment.