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.

Punishment of the crime

[criminal history] The Defendant is a person who has a record of driving drinking two or more times, such as receiving a summary order of a fine of two million won for a crime of violating the Road Traffic Act (driving) at the Daegu District Court on March 9, 201, and receiving a summary order of three million won or more for the same crime at the same court on February 2, 2012.

[Criminal facts] The Defendant is a person who is engaged in driving of Daegu 30, 2683 franchises.

On July 8, 2017, the Defendant driven the said car under the influence of alcohol content of 0.111% among blood transfusions on 01:10 on July 8, 2017, while driving the said car, leading to a flow-distance of 184-0, a flow-distance prior to the Daegu Suwon-gu Cheongsung-gu Cheongsung church, a yellow field, from the surface of the grag apartment bank.

At that time, there was a signal apparatus installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the signal apparatus and prevent the accident in advance according to the direction of the signal apparatus.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol to turn to the left in accordance with the signal apparatus’s direction from a yellow four-distance off by negligence in a red fluence, from the view of the Elderly Welfare Center for the Aged, the Defendant received the right-hand part of the victim C(S, 43 years old) driving, which was driven by the victim C(S, 43 years old) to the front part of the car.

As a result, the Defendant suffered brain-dead, etc. to the victim for about three weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. An accident scene photograph;

1. A medical certificate;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Voluntary imprisonment with prison labor and punishment;