A defendant shall be punished by imprisonment for one year.

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

On April 23, 2019, at around 22:42, the Defendant, while under the influence of alcohol of 0.21% of blood alcohol concentration, driven the Poter, Spostopos, and proceeded with the front distance of the “D Burial” in Jinju-si, Jin-si, by driving the 0.21% of blood alcohol content.

At the time, there was a duty of care to prevent accidents by properly manipulating the steering gear and safely operating the steering gear while driving slowly, because the signal apparatus was installed in the front section.

Nevertheless, the Defendant neglected this while under the influence of alcohol and discovered the G rocketing car driven by the Victim F (F, 41 years old) with the red signal at the front of the train, and received the back portion of the said rocketing car as the front part of the said cargo vehicle due to the negligence of failing to operate the operation of the operating system at the time.

Accordingly, while under the influence of alcohol, the Defendant inflicted injury upon F by negligence on the victim F, such as “satise and tensions on the bones of wood,” which requires approximately two weeks of medical treatment, and caused the victim H (10 years of age) who took advantage of the said rocketing car to receive approximately two weeks of medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Report on actions taken against an employer, report on the status of an employer-employed driver, and investigation report (report on the status of an employer-employed driver);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 148-2(2)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Selection of sentence: As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, imprisonment without prison labor or the crime of violation of the Road Traffic Act;