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

1. The defendant is a person who drives a cargo vehicle of 31 ton by driving under the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act;

On October 10, 2012, the Defendant, while driving the above vehicle around 19:30 on October 10, 2012, was under the influence of alcohol concentration of 0.205%, and was stopped on the national highway No. 17 of Cheongju-si, Cheongju-si.

A person engaged in driving service has a duty of care to refrain from driving under the influence of alcohol, and to safely drive by checking the post and the left well.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while driving a motor vehicle, and left the motor vehicle without living the following well, and brought the back part of the E X-ray motor vehicle driven by the victim D (31 years old) who stopped subsequent to the motor vehicle of the Defendant, into the left back part of the Defendant's cargo vehicle.

As a result, the defendant suffered injury to the victim D by negligence in the course of business, such as catitis that requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (measures after Accidents) at the above time, at the above place, and at the above time, destroyed the victim’s car at a cost equivalent to KRW 600,508 for repair costs, and escaped without taking necessary measures.

3. The Defendant violated the Road Traffic Act (unlicensed driving) at the above date, at the above place, drive the said cargo without a driver’s license, approximately 8 km from the day before and after the instant accident occurred, to the place where the said accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the traffic accident actual condition survey report, on-site photographs, the main driver's license report, and medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148, 54, 152 subparagraph 1, 43, 148-2 (2) 1, and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;