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

The defendant is a person who is engaged in driving of a cargo vehicle B and one ton.

On September 14, 2014, at around 06:40, the Defendant driven the above cargo while under the influence of alcohol of 0.103% of blood alcohol concentration, and led the Defendant to make an internship in the direction of D convenience points in front of the D convenience point in Soyang-gu C, Youngyang-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by examining the front left of a clean mind at all times.

Nevertheless, the Defendant parked a vehicle before the driving direction due to the negligence of driving in a situation where normal driving is difficult due to the influence of drinking, and brought about the victim E (the age of 71) who was on the road, in front of the above cargo vehicle, and suffered injury, such as less than 12 weeks of less thanks to the injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. A report on the actual status of a host driver;

1. Application of ctv video photographing legislation

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (limited to an aggravated punishment for concurrent crimes resulting from a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment, but the lower limit shall be the same as the crime of violation of the Road Traffic Act (limited to the scope of

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation]: The case where the first category of general traffic accident (the injury of traffic accident) is serious serious injury area (the person under special circumstances) (the first class) (the case where serious injury occurred) and the case where the illegality in the proviso of Article 3(2) of the School Specialization Act is serious (the decision of sentence).