A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On January 11, 2008, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for a violation of the Road Traffic Act.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motorcycle B 10cc.

On December 25, 2019, the Defendant driven the above motorcycle on December 25, 2019, and led the Gangdong-gu Seoul to proceed with the roads near the Seoul Metropolitan Government, using the section distance from the tent.

Since there is no central line, there was a duty of care to prevent accidents in advance by driving safely, such as driving a person engaged in driving service by checking well the right and the right and the right and the right and the right and the right and the right of operation, while operating a steering boat and the system accurately.

Nevertheless, the Defendant neglected the above duty of care and found the victim D (Nam, 61 years old) who was crossing the left side from the right side of the Defendant's course due to the negligence that did not properly operate the steering and steering gear in the front direction while under the influence of alcohol by 0.313% of the blood alcohol concentration, and received the victim's arms on the left side side of the above motorcycle.

After all, the Defendant driven the above motorcycle in a state where normal driving is difficult due to influence of drinking, and caused the victim to suffer a fluoral and tension with the part of the elbow in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at least twice, while driving a 110c motor bicycle under the influence of alcohol at the section of about 3 km from the 3km in Gangdong-gu Seoul to the roads near Seoul Metropolitan City (Seoul), while under the influence of alcohol at about 0.313% of alcohol concentration at the section of about 3 km in the direction of Gangdong-gu Seoul, Gangdong-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses D in the second trial records;