A defendant shall be punished by imprisonment for one year.

except that 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 the service of operating a cruise car.

피고인은 2013. 4. 7. 09:00경 혈중알콜농도 0.087%의 술에 취한 상태로 위 승용차를 운전하여 안산시 단원구 신길동 651 부근 샛뿔삼거리를 안산역 쪽에서 신길고가도로 쪽으로 편도 4차로 중 1차로를 따라 시속 약 90km의 속도로 진행하게 되었다.

Since there is a place where a crosswalk is installed along with a signal apparatus, in such case, the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code and to protect pedestrians.

Nevertheless, under the influence of alcohol, the Defendant, while negligent in driving in contravention of the signal, took part of the upper left side of the victim C (the age 24) crossing the crosswalk in accordance with the pedestrian signal from the right side of the direction of the course to the left side of the signal, and got the victim go beyond the ground and got the victim go beyond the top part of the driver's seat in front of the above car, thereby causing the victim to suffer injury, such as a sofacing the upper half of the left side in need of treatment for about 6 weeks, but failed to immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and C;

1. A traffic accident report, a traffic accident report, a drinking record book, a drinking-free driver's license report, and a report on the situation of the drinking driver's license;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence;

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

1. The vehicles involved in the instant accident under Article 62(1) of the Criminal Act are suspended of execution.