A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended between one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant is a person who is engaged in the driving of the BPoter Ⅱ in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On September 28, 2020, the Defendant driven the above cargo while under the influence of alcohol content 0.145% during blood transfusions, which was difficult to drive normally, and led to the driving of the above cargo by driving the above cargo onto the private distance near the Busan City, Seocheon-si, Kimpo-si along the transmission distance from the Kimpo-si.

At the same time, the Victim D (the South, the 64 years old) and the Ecocoon driven by the driver of the above cargo also stopped for the signal waiting, so in such a case, the driver had a duty of care to properly operate the brake while properly operating the brakes and prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in not operating the brakes properly, due to the negligence of neglecting the operation of the brakes, received the part of the front part of the said cargo 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. On September 28, 2020, the Defendant driven a B-type truck with alcohol content of 0.145% in the 2km section from the parking lot of the Ftel in Bupyeong-si to the place indicated in paragraph (1) around 16:5 on September 28, 2020.

Summary of Evidence

1. Statement made by the police against D in court by the defendant;

1. Investigation report on the actual condition of a traffic accident, inquiry into the results of the accident site photographs, crackdown on drinking driving, reporting on the actual condition of driving at home, and application of Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the fact that the crime is injured by the driving of danger, the selection of imprisonment with prison labor), Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act (the point of driving alcohol and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, and Article 38.