The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Punishment of the crime

1. The defendant is a person engaged in driving freight vehicle B1 ton in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On September 23, 2016, at around 10:25, the Defendant was under the influence of alcohol with a 0.256% alcohol concentration 0.25%, and the Defendant was driving along the 4-lane change line in the 4-lane road in Asan-si, Ansan-si. The Defendant changed the course to another four-lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely changing the lanes, such as accurately operating the steering gear, steering gear, and brakes.

Nevertheless, the defendant's negligence of neglecting the duty at the time of Jeonju, caused the part on the right side of the victim C(27 years old) driving which was normally implemented according to four-lanes.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered from the climatic salt, tension, etc., which requires medical treatment for about two weeks.

2. The Defendant was under the influence of alcohol 0.256% of the blood alcohol concentration as stated in paragraph (1) of this Article, and was driving B from approximately 1.5 km to the roads from the Hasan E-Ba in the city of Busan to the roads prior to the pest control.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report and the report on the actual condition of the driver;

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 62 (1) of the Criminal Act;

1. Probation;