A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who drives B cargo vehicles.

On July 24, 2016, the Defendant driven the above cargo while under the influence of alcohol 0.242% of blood alcohol level around 16:30 on July 24, 2016, and proceeded one lane in front of Kimcheon-si, in the direction of the west-si Office.

There is a place where the center line of the yellow-ray is installed, and in the opposite line, the Elater car driven by the victim D(44 years old) is underway, and thus, the driver of the motor vehicle has a duty of care to safely operate the motor vehicle by making it possible for the driver of the motor vehicle to live well in the front line and by keeping it safely.

Nevertheless, the Defendant, while driving the above cargo in a situation where it is difficult to drive the vehicle normally due to the influence of alcohol, was negligent in breaking the central line, and received the front part of the driver’s seat of the above vehicle as the front part of the above cargo vehicle.

As a result, the Defendant suffered injury to the victim D, such as catum salt in need of approximately three weeks of medical treatment, and injury to the victim F, a passenger of the said car, such as catum salt in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and on-site photographs;

1. Report on the circumstances of a drinking driver and notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of Part II of the medical certificate;

1. Article applicable to criminal facts;

A. Injury resulting from each dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act of Specific Crimes”)

(b) Drinking-driving: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Specific Crimes Aggravated Punishment Act between the crimes of violation of the Specific Crimes Aggravated Punishment Act and the punishment for the violation of the Specific Crimes Aggravated Punishment Act against D with heavy criminal circumstances)

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;