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 CSP motor vehicles.

On September 14, 2017, the Defendant driven the foregoing vehicle under the influence of 0.192% alcohol concentration among blood transfusion 07:20%, and led to the direction of CU’s mutual convenience point, i.e., CU, in the direction of the branch office in the Ministry of Labor where the Defendant is employed.

There are no distinction between the roadway and the delivery, and the commercial buildings are concentrated, and pedestrians walk along the road frequently, so there was a duty of care to ensure safe distance by reducing speed and ensuring safe movement of pedestrians.

Nevertheless, the Defendant, while neglecting this, was under the influence of alcohol and was negligent in driving on the right side of the road due to the negligence of driving without examining the movement of pedestrians, and received the part of the bridge of the victim E (the remaining and the age of 28) from the front part of the Defendant’s vehicle.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as salt, tension, etc. of the 6 week medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

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 suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The scope of recommended punishment according to the sentencing guidelines [the type of determination] general traffic accidents, and the type 1 [the person causing a traffic accident].