A defendant shall be punished by imprisonment for not more than ten 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

1. On March 30, 2020, the Defendant driven D WW125 motor bicycle under the influence of alcohol leveling 0.142% from around 600 meters from the 600-meter section around Pyeongtaek-si apartment to the front road of Pyeongtaek-si.

2. The defendant is a person who is engaged in driving a WW125 motor bicycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On March 30, 2020, the Defendant driven a bicycle with a motor device on March 22:55, 2020, thereby driving the front road of Pyeongtaek-si E in the direction of G convenience points from the direction of the F.

At the time, there were nights, and there were frequent pedestrian traffic, so there was a duty of care to prevent accidents by checking well the front door to those who are engaged in driving of motor devices and bicycles.

Nevertheless, the Defendant did not see the victim H ( South and 32 years old) who was walking while driving the bicycle in a situation where it is difficult for the Defendant to drive the bicycle under the influence of drinking, as described in paragraph 1, and did not see that the Defendant caused the injury of the victim to the front part of the bicycle for the above motor vehicle due to the occupational negligence of stopping at the latest, resulting in the injury of the victim by shocking the victim's left upper part of the bicycle and the bridge for about 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. On-site photographs;

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. Notification of the results of regulating drinking driving;

1. Medical certificates or photographs of bodily injury;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 148-2 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) and Article 44(1) of the Road Traffic Act (amended by Act No. 16922 of Feb. 4, 2020) concerning criminal facts, and Article 5-1 of the former Act on the Aggravated Punishment, etc. of Specific Crimes.