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. On April 20, 2018, the Defendant driven a Epoter II truck under the influence of alcohol with approximately KRW 0.196% alcohol level from the section of about 700 meters from the road near the location of C Office located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do to the road in front of D.

2. The defendant is engaged in driving of the Epoter II cargo vehicles;

The Defendant driven the above vehicle while under the influence of 0.196% alcohol level in the temporary border of paragraph (1) and proceeded at a speed that would not be known from the upstream surface of the road in front of the Chungcheongnam-do, Chungcheongnam-do.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as making a good report on the traffic situation, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while under the influence of alcohol, was in a difficult condition to drive normally, was negligent in driving on the part of the Defendant’s driving vehicle in front of the victim F (M, 62 years old) driving while driving in front of the Defendant’s vehicle.

As a result, the defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, suffered from the injury such as cutting off of a right-hand red wall, which requires about 14 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of the control of drinking driving, and report on the situation of drinking drivers;

1. Investigation report (the No. 13 of the evidence list);

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

1. Relevant Articles of the Act concerning the facts constituting the crime;