A defendant shall be punished by imprisonment for six 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 the B1 ton cargo vehicle.

On December 22, 2017, the Defendant driven the foregoing cargo vehicle under the influence of alcohol level of 0.229% among blood transfusion around 09:50 on December 22, 2017, and driven the two-lane road in front of the “D” located in Gyeonggi Pyeong-gun C, along two-lanes.

At this point, there was a duty of care to safely drive the driver of the vehicle by reducing speed and accurately operating the steering and brake system for the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the foregoing cargo vehicle and received a central separation unit.

Ultimately, the Defendant suffered, from the above occupational negligence, the victim E (62) who was accompanied by the foregoing cargo at the same time, approximately two weeks of medical treatment, and the victim F (42) of the same passenger, the victim F (42) of the same passenger was in need of approximately eight weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a traffic accident occurrence report;

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

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 1 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act among the crimes of violation of each Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Selection of a sentence of imprisonment without prison labor for crimes violating the Traffic Act at the option of a sentence, and a sentence of imprisonment without prison labor for the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of 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. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.