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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle with C highest Pest another car.

On April 14, 2017, the Defendant driven the said car at around 21:45, driving the said car, proceeding from the long-distance outflow of the road in front of the Jinjin-gu Seoul Metropolitan City to the long-distance outflow of the street. On the other hand, there was a pedestrian crossinging the road at the bend place, and in such a case, there was a duty of care to prevent an accident in advance by putting a person engaged in driving a motor vehicle on the front side of the road and accurately manipulating the steering gear, thereby reducing the speed of the accident.

Nevertheless, while the Defendant was negligent in performing the duty of the front-time watch while under the influence of alcohol and did not properly discover the victim F (84) who crossed the road without permission, and the Defendant received the victim from the front part of the Defendant’s vehicle and suffered approximately 12 weeks of treatment from the victim due to its shock.

2. On the date and time set forth in paragraph 1, the Defendant driven a vehicle with C low alcohol level of about 0.129% in the section of approximately 40 meters from the 400-meter radius from the Dourijin-gu, Jinjin-gu, Seoul, Haak-gu, Seoul, to the front road D in Jin-Jinjin-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The circumstantial statement report;

1. The actual investigation report on traffic accidents;

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

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. Imprisonment without prison labor and imprisonment with labor for the remaining crimes against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and (2), Article 50 of the Act on the Suspension of Execution of Article 62(1) of the Criminal Act, Article 62-2 of the Act on the Punishment of Concurrent Crimes, and Article 62-2 of the Criminal Act on the order to provide community service and attend lectures.