A defendant shall be punished by imprisonment 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

1. The Defendant is a person who is engaged in driving a motor vehicle with a detached motor vehicle from B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 19, 2017, the Defendant driven the said car as a duty of around 01:48 on a two-lane between the two-lanes from the middle-gu Home plug, Ulsan-gu, Ulsan-gu, the three-lanes of the apartment in the middle-gu, Ulsan-gu, the 620-lanes of the apartment in the middle-gu, Jung-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by taking into account the front side and the left side.

Nevertheless, the Defendant neglected this and thereby driven while under the influence of alcohol 0.337% in blood, and received D1 ton cargo loaded behind the 2-lane in front of the Defendant’s driving direction by the victim C(51) (51) who is waiting in the direction of the vehicle.

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.

2. Violation of the Road Traffic Act (drinking driving) Defendant 2 driven a balp motor vehicle under the influence of alcohol concentration of approximately 0.337% at the section of approximately 2 kilometers in front of the three-distance apartment in Ulsan-gu, Ulsan-gu, the public parking lot near the department store in the middle-gu, Ulsan-gu, Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. C’s statement;

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

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the injury caused by a failure to perform the duty of selecting a punishment: 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, and Article 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Aggravation of Concurrent Crimes Act, Articles 38(1)2 and 38(2) and 50 of the Aggravation of Concurrent Crimes Act (the imprisonment without prison labor and the imprisonment without prison labor deemed as imprisonment with prison labor and the imprisonment with prison labor shall be deemed as imprisonment and the lower limit shall be punished,