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

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On May 2, 2016, the Defendant was under the influence of alcohol level of 0.167% during blood transfusion around 23:17, while driving the said cargo, and driving the said cargo along one-lane of five lanes in front of the new answer elementary school located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with a three-lane gate of solar apartment, the Defendant was negligent in driving the said cargo at the front part of the Defendant’s driver’s vehicle due to his occupational negligence, while driving the said cargo in front of the Defendant’s driver’s vehicle, which was driven by the victim C (53 tax) at the front section of the new answer elementary school located in Dongdaemun-gu, Dongdaemun-gu, Seoul.

The Defendant driven the above cargo vehicle in a situation where it is difficult to drive normally due to influence of drinking, and caused the victim C to suffer injury to the c, such as catum salt, which requires approximately two weeks of medical treatment, and the victim E (the 46-year-old passenger) who is the above catum, suffered injury to the catum salt, etc. requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

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

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Circumstances unfavorable to the sentencing of Article 62-2 of the Social Services Criminal Act: A favorable circumstance that the Defendant was driving in the state of alcohol level of 0.167% in blood and caused an accident to the two victims and did not make efforts to reach an agreement with the victims: