A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On May 1, 2016, the Defendant, without obtaining a driver's license on May 1, 2016, operated the foregoing cargo vehicle under the influence of 0.164% of alcohol concentration, and proceeded with the down-distance road near the down-to-off distance in a safe air in a safe time.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected this and changed the course from a two-lane to a one-lane due to occupational negligence in which he did not live well under the influence of alcohol without obtaining a driver's license as above.

The back portion of the victim C(E, 46 years old) driving prior to the two-lanes in the same direction was received as the front portion of the Defendant vehicle.

Ultimately, the Defendant caused damage to the above victim’s cargo by occupational negligence, which requires repair equivalent to KRW 3,950,000, and the above victim suffered injury, such as climatic salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victim C;

1. The actual investigation report on traffic accidents and the report on occurrence thereof;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to each photographic (accident scene, etc.);

1. Article 3 (1), the proviso to Article 3 (2) 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 153 of the Road Traffic Act, Article 151 of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.