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

The Defendant is a person who is engaged in driving a business GSX 125 Oba.

On July 31, 2019, at around 22:10, the Defendant driven the above Otoba while under the influence of 0.101% of blood alcohol concentration, and led the front road of the Incheon Bupyeong-gu Seoul apartment to the speed of about 40km in the direction of the city from the direction of Nonghyup to the direction of the Droba.

At the time, it was night and rained, and at all times, a crosswalk is installed. In such a case, there was a duty of care to safely drive by checking whether a person engaged in driving service has a duty of care to reduce speed and to check the right and the right and the right of the road well.

Nevertheless, the defendant neglected to do so and found the victim E (the age of 65) who was parked on the right side of the road, and opened the crosswalk later, and went beyond the left side in the process of rapid operation in order to avoid the collision, and caused the part on the right side of the victim's bridge where the suspect was aboard.

The Defendant suffered injury to the victim by occupational negligence during approximately 14 weeks of abandonment abandonment in light of the right side, which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is under drinking.