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

However, the execution of the above punishment shall be suspended for 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 CPoter 2 cargo vehicles.

On November 25, 2016, the Defendant driven the said cargo vehicle under the influence of alcohol content of 0.142 percent in a breath of alcohol around 15:00, while driving the said cargo vehicle at a speed of 0.142 percent, and then proceeding two lanes in front of the brea-distance in the Seo-gu, Seo-gu, Seoul Metropolitan City along the five-lane, along with the speed of the five-lane, at an insular speed from the inside the inside of the city at the speed of the city, the Defendant sustained by negligence in the course of performing duties in violation of the duty of the bM vehicle at the front time under the influence of alcohol, and thereby, caused the Defendant’s injury to the victim D and his passengers (e.g., 50 years old), G (7 years old, 78 years old, and 33 years old, both of which are under the influence of alcohol, and thereby, suffered from the Defendant’s injury of the victim D and his passengers at the front of the truck.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the detection of the driver at home and a written statement of the situation of the driver at home;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant 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 by the Selection of Punishment, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), Article 148-2 Subparag. 2 and Article 44(1) of the Road Traffic Act (the occupation of drinking alcohol and the choice 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Despite the record of fine punishment due to driving of the same kind of drinking for the reasons of sentencing under Article 62-2 of the Criminal Act, the victim has committed the instant crime again, and the victim is three and the degree of damage is minor;

Although it is difficult to see the defendant's responsibility, a suspended sentence shall be imposed in consideration of the fact that the defendant's responsibility is not more than a fine but not more than a fine, that the defendant's mistake is divided and that damage has been recovered by comprehensive insurance.