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

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Incheon District Court on November 1, 2017, and was sentenced to two years of suspended sentence on November 9, 2017, and is currently under suspended sentence as of November 9, 2017.

[Criminal facts] The Defendant is a person who is engaged in the operation of a cruise car.

On December 23, 2017, the Defendant driven the said car under the influence of alcohol content of 0.131% among blood transfusions on December 23, 2017, and driven the said car along the two-lane road in front of the D convenience point located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, along the two-lanes from the right side of the Bupyeong-gu to the church at the port of the State.

There is a duty to observe the signal and prevent the accident in advance to the person engaged in the driving of the motor vehicle because the signal, etc. is a private crossing, so there was a duty to observe the signal.

Nevertheless, the Defendant is inaccurate, and the Defendant was driving the said car under the influence of alcohol, such as a remote distance, and was in the front part of the pertinent cruise car in front of the pertinent cruise car, which was driven by the victim E (V, 51 years old) who was driving at the right side of the string course due to the occupational negligence during which the driver was on duty while driving the said car in violation of the signal, and was in the front part of the said cruise car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and each of them shall be punished by imprisonment.