A defendant shall be punished by imprisonment for not less than eight 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 of B 2 cargo vehicles.

On January 25, 2015, the Defendant driven the above cargo while under the influence of alcohol 0.071% without obtaining a driver's license on January 25, 2015, while driving it at a 0.071% of the blood alcohol concentration, and driven from the rooftop to the Aju tunnel in the speed of about 30 km along the two-lanes in front of the comprehensive D Motor Vehicle Maintenance System at a macro-si.

At the time of night, there was a duty of care to prevent accidents due to the fact that a person engaged in driving of a motor vehicle was at night, and that another person engaged in driving of a motor vehicle was responsible for preventing accidents by driving the motor vehicle with his/her attitude in the front and rear.

Nevertheless, the Defendant was negligent in driving a vehicle while driving the vehicle in the same direction by negligence and received the back part of the passenger vehicle in front of the cargo vehicle of the Defendant, which was driven by the victim E (the age of 33) in the same direction.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the bones of neck, which requires medical treatment for about two weeks, and at the same time, destroyed the said low-speed car to be in excess of KRW 732,60, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis, written estimate of expenses incurred in repairing insurance, and the register of driver's license;

1. Application of Acts and subordinate statutes to reports on detection of primary drivers;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 52 of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes [the crime of violating the Road Traffic Act (the crime of running under the influence of alcohol)].