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.

Punishment of the crime

The defendant is a person who is engaged in the operation of B MX car.

On May 28, 2018, the Defendant, while under the influence of alcohol leveling 0.114% from blood alcohol leveling around 04:00 on May 28, 2018, proceeded four-lane roads of the upper parallel line located in Daegu East-gu, Daegu-ro, Busan-do, Busan-do, 129.2km along the two-lane roads in Busan-do.

At the time, since it is night and a highway with frequent traffic of motor vehicles, a person engaged in driving of motor vehicles has a duty of care to safely drive the steering right and the steering system by accurately operating the steering right and the steering system.

Nevertheless, the Defendant neglected to do so and followed the Defendant’s negligence, and followed the left side of the rocketing car driven by the Victim C (67) to the front part of the MKX car at the right side of the said MKX car.

Ultimately, the Defendant suffered from the injury of the victim C and the victim D (the age of 59) who was on board the said rocketing car due to the above occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment and the Crimes under the Road Traffic Act;

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 suspended execution;

1. In the course of study and circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: the driving of drinking.