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

The defendant is a person who is engaged in driving freight cars B.

On October 5, 2016, the Defendant driven a cargo truck on around 21:30, and proceeded with the first line of the road in front of the village in the area of the land in the south-gun of the old-gu, Chungcheongnam-do. The Defendant, from the Gusan-ri, proceeded at an unsurved speed, from the ethical breadth of the river.

At the time, the Defendant was under the influence of alcohol concentration of 0.198% in blood, making it difficult to see the front bank, and it was difficult for the Defendant to carry out the operation timing of the steering and brakes or the adjustment of its force as he intended.

In addition, at one time, it is night, and the place is be bended by a bend, so the defendant engaged in driving of the motor vehicle has a duty of care to safely operate the steering system by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected to perform the above duty of care in a situation where normal driving is difficult due to drinking, and caused the above cargo vehicles driven by the Defendant due to negligence and caused the street trees to be planted on the right side of the road.

Thus, the defendant had the victim C (58 tax) who was accompanied by the above cargo, suffered injuries, such as cage cages, which require approximately 6 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime, and the choice of a sentence;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Social Service Order Criminal Act (hereinafter “Social Service Order”) provides higher alcohol concentration among the blood transfusions with the reason of sentencing, the victim’s injury is serious, while the victim knew of the Defendant’s drinking driving, the victim took the same action while being aware of the Defendant’s drinking driving, the Defendant’s violation, and agreed with the victim before ten years.