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

[criminal power] On May 23, 2008, the Defendant was issued a summary order of 1.5 million won by the Seoul East Eastern District Court for the crime of violation of the Road Traffic Act, and a summary order of 1.5 million won by the Seoul Northern District Court for the same crime on October 26, 201, respectively.

【Criminal Facts】

The defendant is a person who is engaged in driving a cargo vehicle of one ton in B.

On November 14, 2013, at around 22:20, the Defendant driven the above cargo while under the influence of alcohol of 0.086% with a blood alcohol concentration of 0.08%, and led the Defendant to drive the above cargo along one lane from the river basin of Gangdong-gu Seoul Metropolitan Government along the five-lane road of 454-14 ahead of the river basin.

In such cases, there was a duty of care to prevent accidents by accurately manipulating the brakes while maintaining the safety distance of the motor vehicle that is driven ahead of the driver.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol to drive the victim C(the age of 41) who was under a stop according to the stop signal prior to the suspension signal. The back part of the passenger car was the front part of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately three weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on traffic accidents and a report on actual condition;

1. Place for drinking alcohol measurement, report on detection of drinking drivers, and circumstantial report on drinking drivers;

1. Photographs of each motor vehicle;

1. A written diagnosis and written estimate;

1. Previous convictions in judgment: References to criminal records, investigation reports (former and previous) and application of each summary order statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Injury caused by occupational negligence: Article 3 (1) and proviso of (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

(b) Point of drinking driving: Selection of imprisonment with prison labor under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

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