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.

Criminal facts

The defendant is a person who is engaged in driving of Category C cargo vehicles.

On April 19, 2017, the Defendant driven the above cargo vehicle while under the influence of 0.106% alcohol during blood transfusion on April 16:15, 2017, and continued the front road of the dispatching elementary school in front of the bus terminal in the direction of the transmission distance from the direction of the open-time bus terminal in the direction of the transmission distance.

A person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle following the motor vehicle driving along the same lane.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the foregoing duty at the front of the above cargo vehicle operated by the victim D (W, 53 years old) who driven the same lane.

As a result, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately 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 D;

1. A survey report on actual condition (attaching photographs);

1. A report on investigation (Attachment of a written diagnosis of a victim);

1. Notification of the results of crackdown on drinking driving and the application of Acts and subordinate statutes to the regulations on drinking driving;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (from April to one year) of the type of traffic accident (the person causing a traffic accident).