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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving of CPoter II freight vehicles.

On June 10, 2017, the Defendant driven the above cargo vehicle around 19:35, and proceeded at a non-speed speed on the two-lane road in front of the E, which is located in Tong in Tong Young-si.

There are crosswalks without signal apparatus, and the bicycle driven by the victim FF(43 Do) is proceeding on the front side of the same direction, so in such a case, the driver had a duty of care to thoroughly operate the front-time week while driving along the string and to prevent accidents by accurately operating the brakes and steering gear.

Nevertheless, the Defendant neglected this and operated a mobile phone while under the influence of alcohol 0.146% while driving it normally while under the influence of alcohol, and due to negligence, the Defendant received the rear wheels of the said bicycle as the front part of the driver’s seat of the freight truck.

Ultimately, the Defendant caused the above victim by negligence in the course of performing the above duties, thereby causing damage to the fresh of the shoulder belt and the power rope, which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F, and statement of the person involved in the F's traffic accident;

1. Each written diagnosis;

1. Statement report on the circumstances of a driver driving a drinking, notification of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Application of the Acts and subordinate statutes on screen pictures and photographs at the scene of accidents after a survey report on actual condition, CCTV images closures;

1. The provision of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the provision of Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of imprisonment with prison labor for the crime, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant who has had a record of drinking is considered to be a mobile phone while under the influence of alcohol.