A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

1. The Defendant is a person who is engaged in driving a passenger car with B low-speed car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On August 14, 2017, the Defendant driven the said car under the influence of alcohol level of 0.175% from blood alcohol level around 17:40 on August 14, 2017, and proceeded along two lanes in the direction of solar road in the direction of solar road located in Ulsan-gu, Samsan-gu, Busan-do along the three-lanes in the direction of solar road. On the other hand, the Defendant was waiting for signal in accordance with the former red signals.

In such cases, a person engaged in driving service has a duty of care to prevent accidents and safely drive the steering gear by accurately operating the steering gear.

Nevertheless, the Defendant was negligent by the Defendant’s vehicle lurged in the buck pedal, a brake device, without neglecting his/her duty of care under the influence of alcohol, and caused the Defendant’s vehicle to continue slowly in the future. The part of the Defendant’s vehicle lurged in the front line of the victim C (V, 28 years old) who was waiting for the signal in the front line was the front line of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury to brain-dead in the absence of any wound in two open fields requiring approximately two weeks of medical treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a passenger car with B low alcohol level of 0.175% under the influence of alcohol during blood at the time, at the places specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a field photo, a report on the detection of the driver at home, and a report on the circumstances of the driver at home;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Injury caused by occupational negligence: Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2(2)2 and Article 44(1) of the Road Traffic Act.