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

However, the execution of the above sentence 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 in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a Bing MX car.

On September 27, 2015, the Defendant driven the said car under the influence of alcohol content of 0.079% in blood around 11:10, while driving the said car, and led to the intersection of the private distance in front of the “D” restaurant located in Sacheon City C, toward the direction of the neck building from the side of the reclaimed land of Gancheon-si toward the speed of the US.

Since there was an intersection where traffic control is not performed by signal apparatus, in such a case, there was a duty of care to see the front side as a person engaged in driving of a motor vehicle and to safely proceed with the passage of other vehicles.

Nevertheless, the Defendant neglected to do so and proceeded with the front wheel part of the bicycle driving by the victim E (the 67 years old) who was directed to the right from the left side of the running direction of the Defendant due to the negligence in the course of his duties, which led the Defendant to the front wheel part of the bicycle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as Section 1, which requires approximately eight weeks of medical treatment due to occupational negligence as above, on the part of the victim.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a bowling MX car while under the influence of alcohol with approximately 0.079% alcohol concentration in blood from the front of the Defendant’s main body located in Sacheon-si, Sacheon-si, and around that time, from around 300 meters to the place of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the point of causing occupational negligence and the choice of imprisonment without prison labor), Article 148-2(2)3 of the Road Traffic Act.