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 this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On 20:30 on 203. 06. 06. 20:30, the Defendant was driving the above cargo at a speed of about 60 km from the urgical slope to the west-gun, Chungcheongnam-gun, by driving the said cargo under the influence of drinking, which is difficult to drive normally due to the influence of drinking, without obtaining a driver's license on 0.137% of the blood alcohol concentration.

At the time, since the passage of vehicles at night is frequent and is bended by rain, the driver of the vehicle who drives the place has a duty of care to safely drive along the course of the vehicle by accurately manipulating the steering gear and the brake system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care and proceeded in the opposite direction to the traffic of the injured party C (the 48-year-old driver) due to the negligence going beyond the central line, caused the injury of the injured party C, such as the “sleep slick slick slick,” which requires treatment for about 8 weeks at the left side of the driving freight vehicle of the Defendant, and caused the said C to the E (the 55-year-old driver) who took advantage of the said C driving freight, thereby causing the injury, such as the “slick slick slick and tension,” which requires treatment for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. The actual survey report on traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the relevant criminal facts, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act;

1. The aggravated punishment of specific crimes as provided in Articles 40 and 50 of the Criminal Act.