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

On June 2, 2018, at around 04:40 on June 2, 2018, the Defendant driven an occupational CCA100 engine bicycle with alcohol concentration of 0.130% while under the influence of alcohol in front of the Nam-gu Incheon Metropolitan City B, Nam-gu, Incheon, and proceeded at an influencous speed from the surface of the Southern-gu public health clinic.

Since the place is an intersection where signal lights are installed, there was a duty of care to ensure that a person engaged in driving of a motor device is obliged to observe signal and properly manipulate the brake system to prevent accidents in advance.

Nevertheless, while under the influence of alcohol, the Defendant was unable to stop without stopping the Defendant’s direction signal while proceeding as is, the Defendant was faced with the Defendant’s motor device front part of the victim D(63 ) who was proceeding in accordance with the long-distance safeguard of the old citizen community center in the backside of the main line, and was driven by the Defendant’s motor device front part of the EK5 si driving.

As a result, the defendant driving a bicycle in a situation where normal driving is difficult due to the influence of drinking, and suffered from the injury of climatic salt, etc., which requires about two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service each of the instant cases.