A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three 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 May 6, 2017, the Defendant driven the foregoing cargo vehicle with alcohol content of 0.190% under the influence of alcohol without a driver's license on May 10, 2017, and continued to drive the vehicle with alcohol content of 0.190% on the road in front of the military C even after remaining completion.

In such cases, there was a duty of care to prevent accidents in advance by accurately manipulating the operation and steering gear of the driver.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes and steering gear under the influence of alcohol without a driver's license, and caused the telegraphic poles on the right side of the above road to be shocked by the chief part on the right side of the Defendant's vehicle and fall down on the river on the side of the road.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim D(54) who is the passenger of the Defendant’s vehicle, such as brain poppy and blood transfusion for 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Report on the occurrence of a traffic accident, report on detection of a primary driver, and the register of driver's licenses (A);

1. Photographs and photographs of each accident scene;

1. Application of Acts and subordinate statutes to a traffic accident investigation report and traffic accident reporting report;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.