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

[criminal power] On April 16, 2010, the Defendant was sentenced to a fine of KRW 2.5 million by the Incheon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 3.5 million by the same court on October 11, 2010, respectively.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving freight B.

On July 29, 2015, at around 19:13, the Defendant proceeded at a speed of about 60 km from the side of the reinforcement Eup to the upper side of the road of the first line in front of the D Care Center in Incheon Strengthening-gun C.

The Defendant, while under the influence of alcohol, tried to overtake by negligence of driving the above cargo vehicle while driving the vehicle, and failed to properly operate the steering gear, thereby obtaining telegraphs, which had been installed on the left side of the above road as the cargo vehicle of the Defendant.

The defendant's occupational negligence caused the victim E (the age of 61) who was accompanied by the defendant's cargo tanks of the defendant due to the defendant's occupational negligence to suffer approximately 6 weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) while under the influence of alcohol 0.051% of blood alcohol concentration at the time and time as stated in paragraph (1) of this Article, driving the above 7 km truck from the front of the Defendant’s house in Incheon Reinforcement-gun to the above place.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report, the circumstantial statement of a master driver, and the report on detection of a master driver;

1. A medical certificate;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation Criminal Act;