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

except that 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 a C-C-3 cargo vehicle.

On December 12, 2014, the Defendant driven the above cargo while under the influence of alcohol 0.054% of the blood alcohol concentration around 16:45 on December 12, 2014, and led the Defendant to drive the said cargo along the road over the south-ri side of the pentan-gun, Hongcheon-gun.

At all times, the center length of the yellow domin line is installed at the center of the road, so in such a case, there was a duty of care to prevent accidents by complying with the wheel line and operating the steering gear and the steering gear accurately.

Nevertheless, the defendant is under the influence of alcohol while neglecting it.

On the other hand, by negligence of the Defendant’s trucking the central line, the part concerning the front part of the G Lone Star Co., Ltd. driven by the Victim F (hereinafter referred to as 45 years old) who was math in the opposite direction to the cargo vehicle of the Defendant was received.

Ultimately, even though the Defendant suffered injury, such as brain-dead, etc., to the victim for about three weeks of medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, reports on the results of the control of drinking driving, reports on the actual state of drinking drivers, and medical certificates;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) is the same.