A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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.

At around 17:20 on July 15, 2013, the Defendant, while under the influence of alcohol, was unable to normally drive the said cargo at a 0.27% alcohol concentration, but at the same time, the Defendant driven the said cargo and led the said cargo to drive the road at a speed below the road of one-lane near the entrance of a axis station located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 680-8, and to drive the said cargo at an unfluened speed.

However, at the time, the Defendant had a duty of care to maintain a reasonable distance and operate safely by checking the side well, since the Defendant followed the victim C(n, 52 years old) driving D-D-car. Therefore, the Defendant had a duty of care to maintain a reasonable distance for those engaged in driving service.

Nevertheless, the Defendant did not find out the suspension of the victim's driver's vehicle that is being driven prior to the driving without neglecting such duty of care due to alcohol. The Defendant received the back part of the victim's vehicle's driver's vehicle with the front part of the cargo vehicle that the Defendant is driving, and provided the convenience gate of the road by driving the vehicle with the upper part of the vehicle's driver's vehicle.

Ultimately, while driving a cargo while under the influence of alcohol that is difficult to drive normally, the Defendant, by negligence in the course of business, suffered from the crypitis that requires approximately two weeks medical treatment to the above victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. Accident site and vehicle photograph;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

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

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;