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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant is a person engaged in driving B Poter II cargo vehicles.

At around 21:00 on September 12, 2016, the Defendant was driving the said cargo from the front side of Gangnam-gu Seoul to the herogate from the front side of the Gangnam-gu Seoul to the herogate.

At night and at that time, the width of the road was narrow. In such a case, there was a duty of care to prevent traffic accidents by accurately manipulating the front and rear left, steering devices and brakes to those engaged in driving duties.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.174% in blood, was negligent in neglecting the above duty of care and was led to the victim D (the age of 29) who is proceeding on the opposite lane, the upper part above the left-hand part of the EMW car driven by the EMW.

As a result, the defendant driving the above cargo in a situation where normal driving is difficult due to influence of drinking, and caused the victim D to suffer from the d's salt, tension, etc. in need of treatment for about two weeks.

2. The Defendant was under the influence of alcohol by 0.174% on a date and time as set forth in the above paragraph (1) of the Road Traffic Act, and was driving the freight vehicles described in the above paragraph (1) from the section of approximately 100 meters from the 644-4 neighboring roads in Gangnam-gu Seoul, Seoul to C neighboring roads.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. Statement made to D by the police;

1. A written report on drinking-taking drivers, the place of measurement of drinking, and the report on the actual state of drinking drivers;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Imprisonment with prison labor chosen;