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 of the final judgment.

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On July 7, 2014, at around 00:15, the Defendant was under the influence of alcohol with 0.250% of blood alcohol level, and it is difficult to drive the said vehicle normally, while driving the said vehicle and driving the said vehicle to the “on the port-to-door apartment of the Victim D (25 years old), a victim D (25 years old), who was standing on the left-hand side of the Defendant’s cargo vehicle, driving the said vehicle on the front-hand side of the “Semanc” factory located in the front-hand mountain zone at the front-down city at the time of the front-round.

Accordingly, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A report on whether to drive any dangerous motor vehicle;

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) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., confession and reflect; the fact that the instant vehicle has subscribed to a comprehensive motor vehicle insurance; the fact that a certain amount of money (800,000 won) has been deposited as the victim failed to reach an agreement with the victim; the fact that there was no criminal record exceeding a fine due to the same kind of crime; the circumstances of the instant crime; the Defendant’s family environment; the economic situation; and the health conditions, such as an scheduled cancer

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;