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

1. On April 22, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from D Driving) driving of B-wing and C-1 ton cargo vehicles with blood alcohol concentration of 0.269% at around 13:00, while driving the B-wing and C-1 ton cargo vehicles with blood alcohol concentration of 0.269%, and driving the front road of the “D” located in Gwangju City of Gyeonggi-do at the speed of about 50 km from the right parallel to the right parallel.

At the same time, the victim E (the age of 49) was at the same direction as the 1 ton cargo vehicle in the same direction on the side of the above road at the time, and thus, there was a duty of care to reduce the speed and to safely drive the vehicle on the front left well.

Nevertheless, the Defendant was negligent in driving the vehicle while under the influence of alcohol and received the above victim who walked in the same direction from the right side of the above vehicle due to the negligence of driving the vehicle.

As a result, the Defendant suffered injury, such as damage to the gate, etc., which requires approximately six weeks of medical treatment due to occupational negligence while driving in a state where normal driving is difficult due to influence of drinking.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle of one ton of Bwning and three ton of cargo under the influence of alcohol with a blood alcohol concentration of 0.269% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The application of Acts and subordinate statutes to the traffic accident report, the traffic accident occurrence report, each photograph, the report on the actual state of a drinking driver, the notification of the results of the drinking control, the circumstantial report, and the medical certificate;

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;