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

1. The defendant is a person who is engaged in driving of freight C and C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On August 4, 2017, the defendant operated a two-laned road in front of the D-do in Busan Metropolitan City around 13:40 on August 4, 2017 along the one-laned road from the lower bank to the Daegu bank.

In such a case, the driver has a duty of care to view the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to operate safely.

Nevertheless, the Defendant neglected to do so, while under the influence of alcohol 0.22% in blood, and was negligent in not operating the steering gear and brakes properly, and led the victim E(40) who was driven in the front by the Defendant, and led the Defendant to the front part of the freight driven by the Defendant after the driver was driven by the victim E(40).

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as cerebral abrut which requires approximately two weeks medical treatment to the above victim.

2. The Defendant in violation of the Road Traffic Act (drinking driving) operated the Cwning-III cargo vehicle while under the influence of alcohol content of about 0.22% in blood at a section of about 5km from the G G-si in Busan Metropolitan City to the D-gil of the same city at around the day specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2 (2) 1 and Article 44 (1) of the Traffic Act concerning facts constituting an offense, as prescribed by the relevant Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of a dangerous motor vehicle);

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 62-2 of the Criminal Act.