A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the charge of larceny is not guilty. The judgment of the court below is not guilty.

Punishment of the crime

The Defendant is a person who is engaged in driving service of CAD car (hereinafter referred to as “Defendant vehicle”).

On September 3, 2015, the Defendant driven the Defendant’s vehicle while under the influence of alcohol 0.081% during blood transfusion 05:50 on September 3, 2015, and led to a two-lane of the two-lane from the surface of the Haju-si in the Haju-si.

At that time, the signal, etc. was normally operated, and the victim D(57 cc) driving Esch-ton car (hereinafter “victims’ vehicle”) was in the straight line from the front to the front line. In such a case, a person engaged in driving service has a duty of care to proceed with the intersection in accordance with the signal signals installed in the front line.

Nevertheless, the defendant neglected this and caused the collision between the left side of the defendant's vehicle and the front side of the above victim's vehicle due to the negligence of entering the intersection in violation of the front color signal.

Ultimately, the Defendant suffered injury to the victim, such as brain-dead and 11 week therapy due to such occupational negligence.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each written statement of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Each written diagnosis;

1. Application of statutes on field photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, Article 38(2), Article 50 of the Criminal Act, and the proviso of Article 42 of the Act on the Aggravation of Concurrent Crimes (the punishment is more severe.