A defendant shall be punished by imprisonment for six months.

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a vehicle BM5 vehicle.

On August 6, 2016, the Defendant driven the said car under the influence of alcohol 0.122% at blood alcohol level around 00:25, and was parked in the bus stops of one-one-one-one city bus at the waterside of the Chungcheongnamyang-gun, Chungcheongnamyang-gu, Chungcheongnamyang-gu.

At the time, there was a distinction between the sidewalk and the roadway, so in such a case, the driver of the vehicle has a duty of care to pass along the roadway.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and caused the Defendant to go beyond C (the age of 25) of the victim (the age of 25) who was sitting on the sidewalk by the front driver of the said car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. Around 00:25 on August 6, 2016, the Defendant driven the said vehicle under the influence of alcohol by 0.122% in a section of about 400 meters from around 15 GS25 to the same Eup/Myeon, from around 111, the center2-ro 15 GS25, Yangyang-gun, Yangyang-gun, Yangyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on the occurrence of traffic accidents and on the circumstantial statement of the driver concerned;

1. Inquiry into the result of the crackdown on drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Article 3 (1), Article 3 (2) (proviso) 8 and 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the punishment heavier than that provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents]