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

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is also a person engaging in driving of cargo cars.

On April 11, 2014, when the Defendant was under the influence of alcohol 0.280% on blood alcohol level, while driving the above cargo while driving on a road near the Jindo-dong in Ulsan-gu, Ulsan-gu, the Defendant neglected the duty of normal operation due to drinking, due to an occupational negligence, caused the victim D (53 years old)’s failure to perform the duty of normal operation due to the influence of drinking, and caused the victim to suffer from the injury of the part of the lower part of the lower part of the said cargo back to the lower part of the lower part of the said cargo, which was driven by the victim D(53 years old) who driven at the front part of the vehicle at the front part of the said cargo.

2. Violation of the Road Traffic Act (driving) the Defendant driven an above cargo vehicle under the influence of alcohol by 0.280% with a blood alcohol concentration of about 2km from the road near the Jinsan-dong Pharmaceutical Zone, Ulsan-gu to the Jinsan-dong road near the Jinsan-dong, Ulsan-do.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written report from an employee of an employer;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] General Traffic Accidents in Type 1 (Bodily Injury resulting from Traffic Accidents) (Special Mitigation) (Special Mitigation). In addition, the proviso of Article 3(2) of the Social Service Order Act is applicable.