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

Punishment of the crime

1. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in driving of the Cwing and III cargo;

On November 14, 2017, the Defendant driven the above cargo vehicle around 15:53 on November 14, 2017, and proceeded with the first-laned road in front of Yongamama-gun in the front of Yongama-gun.

At the same time, there are many crossings of motor vehicle traffic, and cargo vehicles in the front section of the time were stopped for the signal waiting, so in such a case, the driver of the motor vehicle has a duty of care to thoroughly see the front section and to prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving in the vicinity of the cargo in the front bank and was negligent in driving the victim E while standing in the front bank, and received the part of the cargo loaded in the front of the cargo vehicle by the Defendant.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as catum salt, which requires approximately two weeks of medical treatment by occupational negligence as above.

2. On November 14, 2017, the Defendant: (a) driven a C class-III cargo vehicle under the influence of alcohol content of 0.141% at a section of approximately 1.4km from the 17th to the 1.4km-gun’s front road, namely, a 15:53, the Defendant, at around 15:53, driven a C class-III truck under the influence of alcohol content of blood.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

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

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes concerning traffic accident-related evidence photographs;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor) concerning criminal facts;

1. Article 37 of the Aggravation of Concurrent Crimes Act.