A defendant shall be punished by imprisonment for six months.

However, 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 a driving service of HJ125cc.

On March 22, 2014, at around 21:35, the Defendant, while under the influence of alcohol with 0.125% of the blood alcohol concentration without obtaining a motorcycle driver's license, was driving the lutob, while driving the lutob, and driving the luto into the direction of the lutori from the algorithal side of the luculin No. 3330, 2014.

At the time, vehicles are parked frequently on the road side, so there was a duty of care to safely drive the vehicle by checking well the right and the right of the front and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant was found to have been on the top of the D Poter Cargo that was parked on the right side of the running direction by the Defendant's negligence while driving it as it is while neglecting it.

After all, the Defendant suffered injury, such as a brushing, etc., in need of approximately 16 weeks of medical treatment, from the victim E (the 75-year old) who was the above passenger due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident actual investigation report, and a diagnosis report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The register of driver's licenses, and a registration statement on the vehicle;

1. Application of statutes on site photographs;

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a sentence of imprisonment without prison labor for a violation of the Road Traffic Act and the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;