A defendant shall be punished by imprisonment for not less than eight 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 B Poter Cargo Vehicles.

On March 18, 2015, the Defendant driven the above cargo vehicle on March 18, 2015, while under the influence of alcohol level 0.135% of the blood alcohol level, the Defendant driven the front road of D Licensed Real Estate Agent C in Ansan, along the two-lanes from the boundary of the Hangyeong University, according to one-lane.

Since the signal, etc. is an intersection installed at a front door, the driver had a duty of care to safely drive the vehicle in accordance with the signals by reducing the speed and properly examining the front left.

Nevertheless, by neglecting this, the Defendant, while entering the intersection and proceeding with a red signal while under the influence of alcohol, was negligent, and the part of the front part of the FST5 car driven by the victim E (the 30-year-old) who was in a straight line on the right side from the left side of the running direction of the Defendant was driven by the front part of the said cargo vehicle.

As a result, the Defendant driving the above cargo, and suffered injury to the victim, such as salt, tension, etc. in the trend that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The actual condition survey report;

1. Application of diagnosis certificates and traffic accident photographs-related Acts and subordinate statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act applicable to the crime, Article 3 (1) and (2) (proviso) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning the crime;

1. Imprisonment with prison labor for a crime of violating the Road Traffic Act in the choice of punishment, and a sentence of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents;

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

1. Article 62 (1) of the Criminal Act;

1. An automobile under the condition that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act are considerable enough.