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 becomes final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving a two-wheel automobile with engine displacement of 300cc or more.

On May 30, 2020, the Defendant obtained only a motorcycle driver's license without obtaining a driver's license on May 30, 2020.

While under the influence of alcohol level 0.138%, the two-wheeled automobile was driven by the alcohol level of 0.138%, and the front road of Gwangju North-gu C was driven by the 4-water level from the gradical side of the water level.

At the time, the Defendant: (a) operated the instant two-wheeled vehicle with the victim D (n, 30 years of age) who is located on the back end of the two-wheeled vehicle and the sloped down rapidly; (b) in such a case, the Defendant had a duty of care to safely drive the vehicle to prevent accidents by driving the vehicle, such as making the front door well, reducing the speed, and accurately operating the brakes.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, went beyond the center and became the left-hand side of the road beyond the center line.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to suffer the opening of the right frame, etc., which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports in the written statements of the D (Application of the Ba mark);

1. A traffic accident report;

1. To check the result of the control of drinking driving (Evidence No. 16);

1. A medical certificate;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. As to the crime of violation of Articles 40 and 50 of the Criminal Act concerning the special cases concerning the selection of punishment, punishment by imprisonment without prison labor or the crime of violation of the Road Traffic Act shall be sentenced to the punishment;