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 October 1, 2016, the Defendant driven the foregoing cargo vehicle while under the influence of 0.118% alcohol during blood alcohol during the influence of around 09:21 on Oct. 1, 2016, and proceeded one lane in front of the D cafeteria located in Daegu Suwon-gu C into the sub-section of the Plaintiff, and changed the lane into the two lane.

In case of changing a lane to a person engaged in driving service, the driver has a duty of care to give prior notice of a change of course by operating a direction direction, etc., to properly manipulate the steering system before and after the operation, and to prevent accidents by accurately manipulating the steering gear, and to change the lane.

Nevertheless, the defendant neglected this and proceeded along two lanes in the same direction as that of the defendant's moving by negligence.

E Driving F. The upper part of the left part of the city bus was received as the right side of the Defendant’s driver’s car.

Ultimately, the Defendant suffered, due to the above occupational negligence, from the victim G (V, 74 years of age) who is the passenger of the above city bus, approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident (report on the circumstances of a driver making a driving and notification of the results of regulating drinking driving);

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), Articles 148-2 (2) and 44 (1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

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

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommending punishment] of the Criminal Act [the grounds for sentencing in Article 62-2] The basic area (4 months to one year) (special mitigation) [the person subject to special mitigation] is not subject to punishment (the purpose of restoring damage).