A defendant shall be punished by imprisonment for not less than five 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 the operation of a Bbee cruise car.

On October 25, 2017, the Defendant driven the said car under the influence of alcohol content of 0.097% among blood transfusion around 22:20 on October 25, 2017, and led the two-lanes of the two-lane roads from among the three-lanes adjacent to the private-distance intersection located in 199 at the Tri-gu, Gwangju, North-gu, Seoul to the direction of a monthly crossing from the direction of funeral.

At the time, it was difficult to view at night, and on the front side of the Defendant’s driver’s vehicle, the victim C(38 tax) is driving in the same direction.

D In such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and operating system of the vehicle while keeping the front and rear left and right of the driver of the vehicle.

Nevertheless, the Defendant neglected to stop the damaged vehicle in the same direction as the Defendant’s driver’s vehicle due to negligence in driving, and discovered late after stopping the damaged vehicle in the same direction as that of the Defendant’s driver’s vehicle, led the damaged vehicle to take the front part of the Defendant’s driver’s vehicle and the damaged vehicle due to its shock in the future, so that the damaged vehicle is pushed down in the front part of the damaged vehicle, thereby getting the front part of the damaged vehicle, which is installed on the right side of the direction.

Ultimately, the Defendant suffered injury to the victim, such as the escape of the right neck, which requires approximately six weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. On-site photographs;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the driving of drinking alcohol).