A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year 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-II cargo vehicles.

피고인은 2018. 2. 9. 08:55 경 혈 중 알코올 농도 0.138% 의 술에 취한 상태로 위 화물차를 운전하여 포항시 남구 C에 있는 D 앞 차선 없는 도로를 북 경 반점 방면에서 88 수족관 방면으로 좌측 방향지시 등을 켠 상태에서 좌회전하려 다 갑자기 동아 타운 사거리 방면으로 우회전하게 되었다.

In this case, a person engaged in driving service has a duty of care to make a bypass while preventing an accident by accurately manipulating the steering gear after operating a direction, giving prior notice of change of course, taking into account the traffic situation at the right and right, and accurately manipulating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was in front of the right side of the said cargo vehicle in front of the victim E (the 44th-year-old driver) driving bypassing the vehicle driven by the Defendant to the right side of the road where the vehicle was damaged.

Ultimately, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. around the 2 week in need of approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, a survey report on actual condition, a report on the results of crackdown on drinking driving, and a statement on the situation of the driver of drinking;

1. Application of Acts and subordinate statutes (E) of an accident scene photograph and a medical certificate;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Points of Injury resulting from occupational negligence: Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the same Act;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) are unfavorable.