A defendant shall be punished by imprisonment for not less than eight 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. The Defendant is a person who is engaged in driving service of Bone Star (Bodily Injury).

On June 16, 2017, the Defendant driven the said car under the influence of alcohol level of 0.199% during blood transfusion 21:25 on June 16, 2017, and led to the driving of the said car in Gwangju City C along the two-lanes in the direction of the first Eup from the national highways direction of Gwangju City to the first Eup.

The Defendant had a duty of care to check whether a person engaged in driving a motor vehicle has a way to care well and to prevent an accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and flabed the left-hand shoulder and arms of the victim E (V, 61) who walked in the same direction as that of the Defendant’s driving direction at the right edge of the road along the Defendant’s driving direction at the right edge of the road.

C. Ultimately, the Defendant suffered a shoulder and sprinke of the arms that need approximately one week medical treatment from the victim due to the above occupational negligence.

2. On June 16, 2017, the Defendant: (a) driven a Bone Star Cornex under the influence of alcohol content of about 0.19% from the 1km section from the 27-152 reverse-dong parking lot in Gwangju-si, Gwangju-si to the front roads located in Gwangju-si; (b) around 1km to the previous roads located in Gwangju-si; (c) the Defendant driven a Bone Star Cornex under the influence of alcohol content of about 0.19%.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report and an investigation report (a report on the situation of the driver at the main place of business);

1. Response to a request for appraisal;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol and the selection of imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.