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 the duty to drive CPoter II cargo vehicles.

On March 16, 2017, the Defendant driven the above cargo while under the influence of alcohol content of 0.070% during blood transfusion 0.070%, and passed ahead of it on the road of the village hall at the 1st of Busan Metropolitan City, 2017.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering gear, steering gear, and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and got a victim D (the age of 78) who walked from the Myeon of the village office to the Myeon of the river (the age of 78) to the Myeon of the said cargo.

Ultimately, the Defendant suffered injury to the victim, such as the pelle dystrophal dys, which requires approximately 12 weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts (any point of drinking);

1. Selection of imprisonment without prison labor or imprisonment without 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 suspended sentence [the scope of recommended punishment] (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) (Article 62(1) of the Act on the Punishment, etc. of Traffic Accidents (Article 62(1) of the Act on the Punishment, etc. of Traffic Accidents (Article 62(1)) (Article 1 of the Act on the Punishment, etc. of Traffic Accidents) (Article 4-1 of the Act on the Punishment, etc. of Traffic Accidents), where punishment is not imposed (including a person who has been specially mitigated) (Article 1) and drinking driving, etc. (Article 12