A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Criminal facts

1. On April 15, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving a B-wheeled vehicle around 23:00, and driving it along the two-lane way in front of the construction site of Pyeongtaek-dong apartment at the Scambol-si (Seoul) with the two-lane national highway section 14 from the front of the coast guard.

At the time of bicycle riding on the front side of the defendant, in such a case, a person engaged in driving a motor vehicle has a duty of care to ensure the necessary distance to avoid the collision with the motor vehicle ahead and to prevent the accident from occurring.

However, the defendant, while under the influence of alcohol and neglecting it, conflicts with the back part of the bicycle driven by the victim C(33 ) who proceeded ahead of the defendant's two-wheeled vehicle by negligence.

After all, the defendant suffered injury, such as the cage of cage cages, which require approximately six weeks of medical treatment due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) operated a two-wheeled vehicle under the influence of alcohol leveling 0.102% from a section of approximately 300 meters of alcohol level to the front road of the same forest apartment complex, at the same time and at the same place as described in paragraph 1, in front of the Southern River at a time and in front of the frequency of drinking water.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of crackdown on drinking;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a written agreement;

1. Relevant Acts concerning criminal facts, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of causing occupational negligence, the choice of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the occupation of drinking alcohol and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures;

1. The sentencing criteria of the Supreme Court shall be based on;