A defendant shall be punished by imprisonment for not more than ten 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 the CM5 vehicle.

On March 7, 2014, the Defendant driven the said car under the influence of alcohol of 0.082% of blood alcohol concentration of 06:05, and proceeded at a speed of about 60 km per hour from the search to the daily breadth of about 40 km in front of the 4-lane of the Daeyang-gu Seoul Metropolitan City ledger 426-2.

At night and its location is a section narrow to the left-hand side after the central bus stops, so in this case, there was a duty of care to safely drive along the car line and prevent the accident by safe driving along the car line in advance.

Nevertheless, the Defendant neglected this and did not look well at the front section of the road while disregarding and proceeding along the narrow section between the two-lanes of the road, and led to the shocking of the road roadsides and the curbstones installed on the right side of the two-lanes with the front section of the said vehicle, and the said vehicle falls down below the exit stairs No. 4 in the presidential valleys.

결국 피고인은 위와 같은 업무상 과실로 위 승용차에 동승하였던 피해자 D(20세)에게 약 3주간의 치료가 필요한 양측 손목 및 손 부분의 으깸손상 등을 입게 함과 동시에 수리비 64,680,367원이 들 정도로 대곡역 안전휀스 및 캐노피(가림막) 등을 손괴하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. Written statements of D;

1. A medical certificate;

1. Written estimate;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act (a point of causing damage to property by negligence)

1.Article 40 of the Criminal Code of Trade and Trade.