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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who drives a passenger car B.

On September 1, 2016, the Defendant, while under the influence of alcohol content of 0.138% during blood transfusions around 06:28, the Defendant driven the crosswalk in front of the D Hospital located in Busan Young-gu C, Busan, along the lower intersection, two lanes between the fire-fighting distance direction and the fire-fighting distance direction at the lower intersection.

It is a road where a vehicle signal apparatus and signal, etc. are installed. Thus, a person engaged in driving a motor vehicle is obliged to proceed along the crosswalk according to the signals as ordered by the signal apparatus while driving the crosswalk, and the driver has a duty of care to safely drive the crosswalk, such as whether or not there is a pedestrian who has a duty of care to safely drive the crosswalk, while neglecting his/her duty of care to safely drive it, the victim E (53 years old) was shocked from the right side of the motor vehicle to the left side of the motor vehicle due to the occupational negligence proceeding while driving it in the state of alcohol, and suffered from the above victim's injury to the upper part of the upper part of the motor vehicle for about 8 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the main driving;

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

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1, 6, and 8 (Article 3 (1), Article 3 (2) 1, 6, and 8 (Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Article 3 (1) 1, 6, and 8 (Article 148-2 (2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents According to the Selection of Punishment

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as "the following favorable circumstances") of the Criminal Act is that the Defendant's negligence, which is the main reason for sentencing, is not to be less than that of the crime, but to be less than that of the victim, but to recognize and reflect the mistake, and an agreement with the victim.