A defendant shall be punished by imprisonment for six months.

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 driving a B M& car.

On July 21, 2015, at around 03:10, the Defendant driven the said car while under the influence of alcohol with 0.054% of alcohol concentration, and made it turn to the left from the direction of the Korean Electric Power, the front intersection of the Bapo-ro, an elementary school in front of the Bapo-ro, which is in the speed of Mapo-ro.

At night, there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle with a duty of care to look at the right and right well and safely.

Nevertheless, the Defendant received the back wheels of the driver’s seat of the said car, which the Defendant is driving, from the victim C (V, the age of 47) who was crossing the said road due to negligence while neglecting it under the influence of alcohol.

Ultimately, the Defendant suffered injury to the victim, such as acute vertebulization, which requires medical treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A survey report on actual condition, a scene of accident, and a photograph of an accident vehicle;

1. Statement of the results of the drinking driving control;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act (within the scope of the sum of the long-term punishments for two crimes, and punishment shall be imposed by imprisonment with prison labor);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;

2. Determination of the scope of sentence: Basic area, 4 months to 10 months: drinking accidents, and persons who are special mitigation offenders: penalty is not imposed.