A defendant shall be punished by imprisonment for not more than ten months.

However, 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

The defendant is a person who is engaged in driving a benz car.

On April 18, 2019, at around 00:05, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.234%, proceeded in two-lanes between the two-lanes between the 4-lanes from the original station of the Changwon city to the bridge of the Changwon city.

Since there was an intersection at the front side, a person engaged in driving service has a duty of care to safely drive the motor vehicle over the center line.

Nevertheless, the Defendant neglected this and neglected so doing so, and breathed in the entrance, and smelted in the same manner as above, and breath of the victim C (the 35 years old) who driven the said vehicle at one-lane opposite to the width of the vehicle in which it is difficult to drive the vehicle normally due to the influence of drinking, such as the big distance, by negligence, was driven by the front part of the said benz's car.

Ultimately, the Defendant suffered injury to the victim, such as a scarke wall, which requires approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Court statements and statements of the accused;

1. Reports on the occurrence of traffic accidents, actual condition survey reports, photographs, the circumstantial statements of the master-employed drivers, the report on the situation of the master-employed drivers, medical certificates, and CCTV;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; and enforced June 25, 2019); the choice of imprisonment, respectively,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation Criminal Act;