A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving of B Poter II Cargo Vehicles.

On February 13, 2018, the Defendant driven the above cargo under the influence of alcohol level of 0.180% from blood alcohol level around 20:30 on February 13, 2018, and proceeded ahead of the road in front of the mountain intersection located in the Yacheon-si, Yasi-si, Yacheon-si.

In such cases, the driver of a motor vehicle has a duty of care to ensure the safety distance in preparation for the case of a motor vehicle being driven ahead, and to prevent the accident by safely driving while driving the motor vehicle while driving the motor vehicle safely.

Nevertheless, the Defendant neglected to stop in the state of alcohol while driving the signal waiting at the front direction of the course due to occupational negligence, and led the victim C (AW 52 years old) who was standing in the signal waiting at the front direction of the course, and led the driver to the front part of the above Poter II cargo driving by the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the impairment of the reputation of head and other parts requiring approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. A survey report on actual condition (1) (2);

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)2 and 44(1) (the point of drinking alcohol and the choice of imprisonment), Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of causing traffic accidents, the choice of imprisonment without prison labor) concerning criminal facts;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 38 (2), and Article 50 of the Criminal Act (within the scope of the sum of long-term punishments, and the lowest limit shall be the punishment determined for the crimes of violation of traffic laws on roads (driving));

1. The criminal records of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the background of the occurrence of the instant traffic accident, and the time of the instant driving.