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 engaging in driving a two-wheeled vehicle, GTS125.

On August 18, 2015, the Defendant driven the above two-wheeled vehicle with a blood alcohol concentration of 0.058% around 02:35, while under the influence of alcohol, and led the two-lane road in front of Dobong-gu Seoul Metropolitan Government D, to proceed about about 60 km each hour at a speed of 1-lane from the side of the subsspoviing distance to the side of subspolivis.

At the time, there is a section of which the speed is 30 km a speed as to children protection zones, so there was a duty of care to observe the speed limit and operate the steering and operating system accurately, while driving the vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant neglected the front side and the left side side and proceeded at a speed exceeding 30 km a speed of 30 km a speed, and caused the Defendant to go beyond the ground by taking the body part of the Victim F (n, 52 years old) crossing the road to the right side from the left side of the driving direction of the two-wheeled automobile.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as damage to the right-hand kidy that requires treatment for not less than three months, and the open height frame of the right-side executives.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) (actual survey report);

1. Investigation reports and internal investigation reports (investigation into internal accidents against the measurement of drinking alcohol, etc. on a harmful vehicle, investigation into CCTV images, investigation into victims);

1. A written report from an employee of an employer;

1. A comprehensive analysis of traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) and Article 3 (2) (proviso) 3 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of a person injured by occupational negligence, the choice of a imprisonment without prison labor)

1. The former part of Article 37 of the Criminal Code among concurrent crimes.