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

On June 18, 2007, the Defendant issued a summary order of 500,000 won of a fine for a crime of violating the Road Traffic Act at the Busan District Court, and on March 19, 2010, a summary order of 1.5 million won of a fine for the same crime at the same court.

On May 20, 2017, while under the influence of alcohol content of 0.139% from blood transfusion around 09:00, the Defendant driven a cpote car at a speed of about 60km depending on one lane among the four-lanes in the mouth of the Gucuk-gu, Busan as the front intersection of the friendly apartment located in the Dong of the Guchan-gu, Busan as the school site from the Gucuk-gu, to the school site, and turn to the left.

At the same time, there is an intersection where signal lights are installed, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to perform duties and to drive the motor vehicle safely according to the new code.

Nevertheless, under the influence of alcohol, the Defendant neglected to make a left-hand turn in violation of the signal, and received the front part of the Defendant’s driving of the victim D(49) driving, who was in the front of the freight vehicle, due to the negligence in violation of the left-hand turn, from the front part of the said car.

As a result, the Defendant caused the victim to suffer bodily injury, such as salt, tension, etc. by negligence in the course of performing the above duties, and even though the Defendant violated two times or more due to drinking, he also driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes (D);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

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. Article 53 of the Criminal Act for mitigation of amount;