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

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 B.

On May 30, 2019, at around 08:30, the Defendant driven the said car with a blood alcohol concentration of 0.127%, and led the front road of the Incheon Bupyeong-gu, Incheon to drive the said car with a distance of 0.127%.

Since there is a road where the passage of vehicles is frequent, a person engaged in driving duty has a duty of care to maintain the proper distance with the vehicle in front, and to prevent accidents by operating the brake in the timely manner.

The Defendant, while under the influence of alcohol, neglected to do so and received the back part of the victim D (ma, 35 years old) and the E-wing and cargo vehicle in front of the automobile of the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as a hot spring, in which there is no room to treat the victim for about two weeks in open.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, while under the influence of alcohol 0.127% of alcohol concentration from the roads near the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the roads front of the Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, the Defendant driven a B B B B-type car under the influence of alcohol leveling about about 3.5 km.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and the choice of imprisonment for each sentence, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;