A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

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

On November 12, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.139% during blood transfusion, and was able to drive the said vehicle under the influence of alcohol content of 0.139% at a level of 0.12.12.12.12.12.12.2-lane of the two-lane road in front of the Burial Station in Taegu-gun, Seoul and 159.

At the same time, since the victim C(55) driver's Dota taxi is in the process of driving the vehicle, the defendant engaged in driving the vehicle has a duty of care to prevent traffic accidents by accurately manipulating the steering gear, brake system, etc. in a clear mental state that is not under the influence of alcohol.

Nevertheless, the defendant neglected this and changed the line from the two lanes to the one-lane, and the above taxi left the front side of the above taxi into the left side of the above vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in a climatic tension which requires medical treatment for about two weeks, and at the same time, the Defendant did not immediately stop the damaged taxi so that the damaged taxi can come to the repair cost of KRW 845,278 and escaped from the site without taking measures, such as providing relief to the damaged taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A paper of measurement of drinking alcohol;

1. A written statement on the occurrence of each traffic accident;

1. Written estimate;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the course of escape;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime; Article 268 of the Criminal Act; Articles 148 and 54(1) of the Road Traffic Act; Articles 148-2 subparag. 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 imprisonment with prison labor chosen;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.