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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 19, 2015, the Defendant was under the influence of alcohol by 0.154% during blood transfusion on November 17:25, 2015, the Defendant driven C Poter truck at the section of 1.5 K m from the front side of a mutually influent restaurant in the Busan Gangseo-gu Busan Gangseo-gu Busan Metropolitan City, to the front side of the Seogsan Tri-distance located in the same Dong.
2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) while driving the C Poter Cargo and driving along four lanes near the C Poter Road and driving along four lanes; (b) due to occupational negligence, the Defendant, as long as he neglected the duty of the T Poter, saw the back portion of the D Poter Cargo Vehicle, which was in the atmosphere of the signal signal, into the front part of C Poter Cargo; and (c) concealed the back portion of the E Poter Cargo into the part of the victim F 59 years old in front of the E Poter Cargo.
Defendant: (a) due to such occupational negligence, the victim H(64) who was on the E Poter Cargo, suffered from the injury, such as catheral or electric batal bathers (4/5 short) requiring approximately six weeks of medical treatment; (b) the injury of cather cathers, tensions, etc. requiring medical treatment for about four days to the victim F; and (c) the victim I (37 years of age) who was on the part of the ropoter, suffered from the injury of catums, tensions, etc. requiring medical treatment for about four days.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of D and F;
1. A survey report on actual conditions;
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes to medical certificates and written confirmations;
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)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of penalty of imprisonment 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing in Article 62-2 of the Criminal Act for sentencing order for taking lectures are with respect to ordinary concurrent crimes.