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 driving of B Poter cargo vehicles.

On March 20, 2017, the Defendant driven the above cargo while under the influence of alcohol 0.236% during blood transfusion around 19:05, and came to turn to the left at the luminous village from the side of Kimcheon-si, while driving the first lane in front of D in Kimcheon-si C along the first lane.

At night, and at the front of the defendant's side, the Fpoter cargo driven by the victim E (67) was in progress, so there was a duty of care to thoroughly see the front side and accurately operate the steering system for the driver of the motor vehicle.

Nevertheless, the defendant did not see the front side because it is difficult to drive normally due to the influence of alcohol as above, and did not perform as the defendant's intent in regard to the operation timing of steering and brakes or the adjustment of its power. Thus, the front side of the defendant's cargo vehicle and the part of the victim's cargo vehicle conflict.

Ultimately, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and caused the victim E to suffer injury, such as brain, which requires medical treatment for about two weeks, and the victim G (V, 67 years of age) who was accompanied by the victim’s cargo to the victim G (V, 67 years of age) to suffer injury, such as brain-dead, which requires medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the circumstances of drinking alcohol driving, and inquiries about the results of regulating drinking driving;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of Part II of the medical certificate;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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