A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal history] On July 19, 2013, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) at the Daegu District Court, and on January 12, 2015, a summary order of KRW 5 million for the same crime at the Busan District Court.

[Criminal facts] The Defendant is a person who is engaged in driving freight B.

The Defendant, at around 06:50 on November 22, 2016, was unable to drive normally while under the influence of alcohol by 0.179% in blood without obtaining a driver’s license for a motor vehicle on November 22, 2016, but, at the same time, the Defendant driven the said cargo vehicle and driven the road of one lane in south-gu C at the direction of the pre-school public health clinic.

At this point, the road was a bend and the center line of the yellow-ray was installed, so there was a duty of care to prevent accidents in advance by reducing the speed for those engaged in driving service and driving over the center line.

Nevertheless, the Defendant neglected to do so and took part of the left-hand side of the E-Poter Cargo Vehicles driving in the opposite direction to the said road due to negligence near the central line while under the influence of alcohol (40).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A dangerous driving report;

1. A written appraisal;

1. The driver's license ledger;

1. A medical certificate;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (limited to the previous convictions and summary order) and statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Trade name;