1. The defendant shall be punished by imprisonment for eight months;

2.However, the execution of the above sentence shall be suspended for a period of 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 B Poter Cargo Vehicles.

On February 14, 2016, the Defendant driven the foregoing cargo vehicle under the influence of 0.177% alcohol during blood alcohol during the influence of around 18:40, and led to the flow of the two-lane road in front of the Heung-gu Heung-gu, Chungcheongnam-gu, Cheongju-si.

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, under the influence of alcohol, the Defendant was driven by the victim E (30 years old) who was under a stop in accordance with the new subparagraph on the front section of the Defendant’s vehicle by negligence, and received the back part of the FK3 car.

Ultimately, the Defendant suffered from the injury to the victim G (V, 32 years of age) who was accompanied by the said victim and the damaged vehicle due to the foregoing occupational negligence, for approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, an accident scene photograph, a medical certificate, and a written estimate;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of a person on duty and negligence), Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act concerning criminal facts (the occupation of a person driving alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Violation of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a heavier punishment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order (determination of sentence) and the defendant's age, occupation, sex, family relationship, etc.