A defendant shall be punished by imprisonment for four 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

1. Around 00:48 on October 23, 2018, the Defendant driven a DNA rocketing car with a blood alcohol content of about 5km from around 00km to around 0.111% under the influence of alcohol on the road of “C” restaurant located in Seo-gu Gwangju, Seo-gu, Gwangju to the 352-distance road as the regular manager of the Gwangju Mine-gu.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a Drocketing car.

On October 23, 2018, at around 00:48, the Defendant, while under the influence of alcohol, driven the said car and proceeded with the four-lane road prior to the delivery box located in 352 as the regular manager of the Gwangju Mine-gu, Gwangju.

At the time, the signal, etc. was installed, and the other vehicle was stopped on the front side of the Defendant’s vehicle in accordance with the stop signals, so there was a duty of care to look at the front side and the left side of the direction and the left side of the vehicle, and to safely manipulate the steering direction and the brake system, thereby preventing the accident from occurring.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in stopping the Defendant’s vehicle at the front section of the Defendant’s car, and the part concerning the back of the Victim E(FFF) driving that was driven by Defendant E(54 years old) was committed as the front part of the Defendant’s car.

As a result, the Defendant suffered injury to the victim, such as cerebral dead, which did not have two or more organs open to provide medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Road Traffic Act, and the Road Traffic Act.