A defendant shall be punished by imprisonment for not more than ten 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 the operation of Bunst Motor Vehicle.

On November 21, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 0.108% with a blood alcohol concentration of 17:35, and led to two-lanes between the five-lanes on the 290km away from the Busan metropolitan direction of the Western Highway located in Pyeongtaek-si, Chungcheongnam-do.

Since it is an expressway, there was a duty of care to accurately operate the steering and steering gear for the driver and to safely proceed by adjusting the speed in advance.

Nevertheless, the Defendant, under the influence of alcohol, was under the influence of driving a motor vehicle in the front part of the motor vehicle without reducing the speed while driving the motor vehicle at the same direction by negligence, which was driven by the victim C (Nam, 47 years old) who had driven the motor vehicle in the same direction without properly examining the front side while it is difficult for the Defendant to drive the motor vehicle at a normal speed.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc. in need of treatment for about two weeks by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s written report on actual condition survey, traffic accident report, traffic accident report, notification on the results of the crackdown on driving under influence of alcohol, report on the circumstantial statement of a drinking driver, investigation report, investigation report, investigation report (verification of video records) and diagnosis report pursuant to the delay of noise measurement, the application of Acts and subordinate statutes governing vehicles involved in traffic accidents;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence concerning the crime

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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