A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

On October 27, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.134% at around 20:10 on Oct. 27, 2019, and led the road at the joint-flowing point in the direction C in the Asan City, Asan City to the tent of the tent.

At the time, the Fchip car driven by the victim E (n, 44 years old) was in progress, so there was a duty of care to fchip the driver, who is engaged in driving service, and to accurately manipulate the fchip and brake system, thereby preventing the accident from being delayed.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and received the part behind the car driven by the victim in front of the car driven by the Defendant due to the negligence of the Defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as brain-dead, etc. which requires medical treatment for about three weeks, to the victim.

2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle with a blood alcohol concentration of 0.134% at a section of about 500 meters from the front of the D apartment at Asan City to the roads of the same C direction at the same time from the date and time under the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident actual condition survey report and on-site photographs;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (3) 2 and 44 (1)

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;