1. The defendant shall be punished by imprisonment for eight months;

2.However, the execution of the above imprisonment for a period of 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 B-learning vehicles.

On May 6, 2014, around 01:25, the Defendant driven the said vehicle under the influence of alcohol level of 0.157% on the front of the new apartment in front of the new apartment located in the Chang-dong, Chang-dong, Chang-dong, 521, while driving the said vehicle at the direction of an animation high distance in the lower bank.

At the time, there is a crosswalk at which signal lights are installed at night and at the front door, so it was necessary to confirm whether a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to see well the front door, while driving the motor vehicle safely in accordance with the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this due to the negligence that the Defendant did not discover the victim C who cross the above crosswalk from the left side to the right side without due care whether there is any person who would reduce the speed and passed the crosswalk while he neglected it, and received the front part of the Defendant’s vehicle that received the right side part of the victim’s vehicle.

As a result, the Defendant suffered injury, such as e-mail weeks of medical treatment, to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

2. C’s statement;

3. A survey report on actual condition;

4. A written report from an employer;

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

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act;

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

3. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

4. Although the degree of injury of the victim for sentencing of Article 62-2 of the Social Service Order Criminal Act is serious, the defendant is the primary offender, and the defendant agrees with the victim.