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

1. On June 16, 2018, Defendant 23:40 on the road traffic law violation (drinking driving) driven BN vehicle while under the influence of alcohol content of about 0.075% at the section of approximately 1km up to the same flow distance on the road near KT Seoul mountainous district in Ulsan-dong, Nam-gu, Seoul Special Metropolitan City.

2. The Defendant is a person who is engaged in driving service of a car at the No. B.D. in violation of the Special Act on the Settlement of Traffic Accidents.

On June 16, 2018, 23:40 around 23:40 around Ulsan-gu, Ulsan-gu, Seoul-do, the Defendant proceeded along the two-lanes from Ulsan-do to the two-way distance slope from the abuse slope.

The location is a road with a speed of 60 km per hour, where a crosswalk without signal, etc. is installed, and when a person engaged in driving service complies with the speed limit and has a person passing the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk, check the safety of pedestrians, check the safety of pedestrians, and prevent accidents in advance.

Nevertheless, while the defendant neglected to perform the above duty of care in the state of drinking as above and proceeds at a speed of 90km per hour, the defendant C (W, 33 years old) who crosses the crosswalk from the left side to the right side of the crosswalk was brought to the front part of the above car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the pelvis of the right-hand pelvis, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, a report on actual condition investigation, and photographic data;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2 subparag. 3 of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment), Article 3 subparag. 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 subparag. 3, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 148-2 subparag. 8 of the Criminal Act concerning criminal facts.