A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the violation of the Road Traffic Act dated July 28, 2019.

Punishment of the crime

[2019 Highest 2344]

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On July 28, 2019, at around 14:25, the Defendant driven the above cargo while under the influence of alcohol of 0.318% with a blood alcohol concentration of 0.318%, and led the Defendant to proceed to the viewing on the right side of the street in front of D in Papju City C from the original edge of the gold village.

In such a case, there was a duty of care to safely drive a motor vehicle by viewing the front and rear left and right while under the influence of alcohol to a person engaged in driving a motor vehicle and accurately operating the brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the duty of Jeonju and not operating the brake system accurately, and was found to have been in the front part of the said cargo vehicle following the F-F cruise car of the victim E (the 28-year old-age-old driver) who was under the influence of the influence of alcohol.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. On July 28, 2019, the Defendant driven a cargo vehicle described in paragraph (1) while under the influence of alcohol at a section of about 300 meters of blood alcohol content from the road where it is impossible to identify the address equal to or lower than the Geum-dong in the Geum-si, Jeonju to the place specified in paragraph (1).

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving the freight vehicles mentioned in paragraph (1) which were not covered by mandatory insurance for automobiles at the date and place mentioned in paragraph (1).

Accordingly, the defendant operated a motor vehicle on a road which is not covered by mandatory insurance.

[2019 Highest 3009]

1. The Defendant violated the Road Traffic Act (driving) in the judgment of the court below: (a) despite having violated the duty of prohibition of driving under the influence of alcohol as stated in paragraph (1) of the same Article, the Defendant committed a crime in the judgment of the court below, 36 as a viewing on August 27, 2019.