A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 20:00 on May 7, 2017, the Defendant driven E-Poter cargo under the influence of alcohol content of about 0.142% from the 5km section from the Defendant’s house located in Chungcheongnam-gun (Seoul) to the D front road.

2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is engaged in the driving of the EPoter cargo.

The defendant, while under the influence of alcohol as above, driven the above cargo vehicle under the influence of alcohol as stated in paragraph (1) and proceeded about about 40 km as soon as possible from the surface of the waterside to the side of the road in front of the above nutrition group D.

Since there are frequent approvals in the surrounding area and the passage of residents, in such a case, there was a duty of care to safely drive a motor vehicle by checking well in preparation for the appearance of pedestrians to those engaged in driving service.

Nevertheless, the Defendant, while under the influence of alcohol, did not neglect it and proceeded without properly examining the front bank, was negligent in facing the Defendant’s vehicle, and the physical part of the Victim F (M, 78 years old) who walked on the said road, was faced with the front part of the freight vehicle of the Defendant’s driver, and went beyond the victim.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim, such as an injury of an external wound, which requires approximately 12 weeks medical treatment.

Summary of Evidence

The defendant's legal statement G, police statements made to H, on-site photographs, notification of the results of the crackdown on drinking driving, the driver's circumstantial statement report, the driver's license register, the vehicle inquiry report (the driver's report on the state situation) related to the criminal facts covered by the law and the Act on the Aggravated Punishment, etc. of Specific Crimes.