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

The defendant is a person who is engaged in driving a K5-car.

On October 1, 2018, around 05:15, the Defendant driven the said K5 car under the influence of alcohol concentration of 0.118% on the front of the station of “D” in Seo-gu Incheon, Seo-gu, Incheon, while driving the said K5 car at the influence of alcohol concentration of 0.118%.

At that time, the center line of yellow double-fluoron line was installed, and the FF car driven by the victim E (n,e.g., the age of 52) was a traffic signal atmosphere on the opposite road, so a person engaged in driving of a motor vehicle has a duty of care to safely operate the motor vehicle without going beyond the central line.

Nevertheless, while under the influence of alcohol, the Defendant, while driving a vehicle beyond the center line, was negligent in driving ahead of the above K5 vehicle, and was faced with the victim E and the victim G (59 years old) who was on the same food vehicle with the front part of the above food vehicle, suffered from the injury of a hot spring, etc. without any room in two weeks open for treatment for each of the two weeks, and at the same time, escaped without immediately stopping the above food vehicle with the damage of KRW 4,330,613 for the repair cost, and without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of E and G;

1. Notification of the control results of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate (E), medical certificate (G);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes), Articles 148 and 54 (1) of the Road Traffic Act (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes), Articles 148 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Crimes of Violation of the Road Traffic Act and the Crimes of Violation of the Road Traffic Act);

1. Selection of the penalty;