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 Bunst-Pacific cargo vehicles.

On June 1, 2016, the Defendant driven the above cargo while under the influence of alcohol of 0.105% during blood, and led to the left-hand turn after driving at the same time as the 0.105% alcohol concentration on the side of the apartment house located in the Seocho-si, Changwon-si, Seoul Metropolitan City, along the road of four-lanes in front of the station in the front city, in accordance with one-lane distance from the middle side of the apartment house and making the left-hand turn.

At all times, there was a intersection such as a yellow on-and-off signal at the front door, so in such a case, there was a duty of care to check the flow of the vehicle by checking well the right and the left and prevent the accident by the left.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left without neglecting it, and caused the part of the victim C(52) driving in accordance with yellow on-and-off signals in the opposite lane to the left by the Defendant, which was the front part of the broadband Round in front of the above cargo assistant seat of the Defendant’s driving.

After all, the Defendant suffered injury to the victim, such as the closed mind and the mouth, which requires approximately four weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol and the selection of imprisonment with prison labor);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of sentencing guidelines] - The area of aggravation (from August to two years) in the area of increase (the injury caused by traffic accidents) - The case of driving under the influence of alcohol (the decision of sentence).