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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 26, 2015, the Defendant driven a motor vehicle of 0.238% of alcohol concentration in blood, which was driven by B, with the influence of alcohol concentration of 0.238%, and led to a bypassing the shooting distance in front of the B B B B B B B B B B B B B B B B B B B B B from the etbbbp, the Busan B B B B B B B B B B B B B B B B B B B

Since the place was a side where pedestrian traffic was frequent, in such a case, a driver of a motor vehicle has a duty of care to prevent an accident with pedestrians or other vehicles due to an accident on the left side of the motor vehicle, but he was negligent in driving on the front side of the motor vehicle in a state where normal operation is difficult under the influence of alcohol, and the victim C (V, 63 years old) who got a path to the left side of the motor vehicle in the direction of the defendant's driving by failing to drive on the front side of the motor vehicle in a state where normal operation is difficult under the influence of alcohol, and caused the victim to go beyond the floor by taking the front side of the left side of the motor vehicle of the defendant. Accordingly, the victim suffered an injury, such as cutting down the right-hand frame, etc. requiring four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Investigative into the results of a traffic accident report, a traffic accident occurrence report, a report on the detection of the driver at home, a circumstantial statement of the driver at home, and the control of drinking driving;

1. Application of Acts and subordinate statutes of the investigation report (Evidence Nos. 9, 13)

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act (the lowest sentence shall be the one determined by the crime of violating the Road Traffic Act);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. Reasons for sentencing of Article 62-2 of the Criminal Act.