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

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

Punishment of the crime

On October 10, 2016, the Defendant, while under the influence of alcohol 0.208% on blood alcohol level around 21:30, 2016, driven a Grand Car with D in front of the road located in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu. The Defendant had a duty of care to safely drive the vehicle as a driver of the vehicle, so that there were pedestrians, such as a narrow alley length at the time, crossing the road at the time, etc., and thus, there was a duty of care to safely drive the vehicle in order to avoid accidents due to the influence of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving in a state where normal driving is difficult, and was placed on the part of E (the age 14) who was set up at the entrance of the alley-dong Elementary School direction at the entrance of the alley-dong Elementary School. The Defendant was placed on the part of the Defendant’s driver’s seat in front of the above vehicle.

피고인은 위와 같은 업무상 과실로 피해자에게 약 3주간의 치료가 필요한 발가락의 으깸 손상 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about E (List 19);

1. The actual condition survey report (list 1), the report on the actual state of drivers, the report on the actual state of drivers (list 5), the written consent to blood collection (list 7), the written consent to blood collection (list 15), and the medical certificate (list 18);

1. Application of Acts and subordinate statutes to photographs (list 3);

1. The relevant Act on the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the punishment is chosen, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and imprisonment, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, beginning crime, and next year) (i.e., whether the victim was grossly negligent in the occurrence of a crime, the degree of injury to the victim seems not to have been serious, and (ii) the victim was not subject to punishment in a smooth agreement);