A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person engaged in driving of Bk5 motor vehicles.

On February 11, 2019, at around 15:07, the Defendant driven the said car with a blood alcohol concentration of 0.199%, and proceeds in the same way as a viewing room from the surface of the water area, which is located in 547, as it was permissible, as the said car was driven by the Defendant’s blood alcohol concentration of 0.19%.

At this point, there is an underground lane and a white solid line prohibiting change of course of the vehicle, so the person engaged in driving duty has a duty of care to safely drive the vehicle without changing the lane and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (year 43) who was driven by the one lane in the front of the Defendant, due to the occupational negligence of changing the lane beyond the white solid line, and was driven by the victim C (year 43) as the left-hand side of the Defendant’s K5-car driving.

Ultimately, the Defendant got off the car driver by occupational negligence and suffered injury to the victim C and the victim E (the 39 years old) who is the driver of the car, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Investigation report (Attachment of black boxes and images);

1. Photographs of the accident site;

1. Notification of the control of drinking driving;

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

1. Article 3 (1), the proviso to Article 3 (2) 1, and 8 of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;