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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving service of TP 125 Oba.

On April 18, 2016, the Defendant driven the above Oral brea while under the influence of alcohol content of 0.121% in blood around 04:00, while driving the said Oral brea, and proceeding from the galan public parking lot 01 in Ulsan-gu, Ulsan-gu to the right intersection of the prosperityal 20 kilometers in the speed from the galian intersection.

At the time, it is a new wall, and it is a place where there are many obstacles as a pedestrian, so there was a duty of care to safely proceed by accurately manipulating the steering gear and operation of the steering gear while driving on the off-to-land.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to do so and operated the steering gear by wrong operation of the steering gear, caused the Defendant’s driver to go beyond the floor.

Ultimately, the Defendant caused the victim C (V, 29 years of age) who was accompanied by the lower part of the above Obane due to the above occupational negligence, to suffer from an injury of blood transfusion due to an open 4 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to reports on the circumstances of the driver's license in the main place and reports on the detection of the main driver;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is the accident of driving alcohol, and the victim is also responsible for the occurrence of damage by driving alcohol without drinking alcohol after drinking together with the defendant.