A defendant shall be punished by imprisonment for seven 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

On March 3, 2014, at around 04:27, the Defendant: (a) driven the said car without obtaining a driver’s license under the influence of alcohol level 0.081% while driving the said car on March 3, 2014; and (b) was driving at a point 65 km away from the Gannam-gun-gun, Seoyangyang-gun, Seoul to the Gannam-gun, the Defendant entered the two-lane, a main lane on the side of the said expressway.

At the time, a new wall time is a place where a motor vehicle runs in high speed. As such, the driver of a motor vehicle entering from the side to the two-lane has a duty of care to prevent accidents in advance by safely driving the motor vehicle by ensuring that the driver of the motor vehicle, who enters the side of the side, is in front and rear, and clearly confirming whether there are other motor vehicles in the rear side of the two-lane.

Nevertheless, the Defendant neglected to do so, without clearly examining whether or not there are other vehicles in the latter side of the two-lane while under the influence of alcohol without obtaining a driver’s license as above, and caused the victim E (Nam, 66 years old) to take the right side part of the F Truck of the victim E (V) who driven the vehicle into the left side of the said vehicle, and thereby, damaged the said truck to have approximately KRW 8,417,496 of the repair cost, which requires approximately two weeks of treatment.

Summary of Evidence

1. Each legal statement of witness G, H, E, and I;

1. A traffic accident report (1) actual survey report;

1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;

1. Medical certificates, written estimates, and investigation reports (Evidence Nos. 28);

1. Delivery of a comprehensive traffic accident analysis report and review of the report of the Traffic Accident Interpretation and Technology Institute (Evidence List Nos. 42) and the application of statutes;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3 (1), proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Destruction and damage of occupational fruits: Article 151 of the Road Traffic Act;

(c) Drinking: