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 became final and conclusive.

(e).

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor bicycle with CGV250 motor device.

On July 28, 2017, the Defendant driven the motor device bicycle under the influence of alcohol content of 0.226% among blood transfusions, and proceeded with the front side of Seongbuk-gu Seoul Metropolitan Government D's front house on the side side side at the direction of the backside.

At the time, since it is a private-distance intersection where no signal apparatus is installed at night, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and to safely drive the motor vehicle by checking well the left and right of the front.

Nevertheless, the Defendant neglected to do so and thereby received the part on the right side of the motor device bicycle in front of the left side of the benz car driven by the victim E (35 ).

Ultimately, the Defendant, by negligence in the course of performing such duties, destroyed the said car to cover KRW 1,80,000,000 for repair, and escaped without immediately stopping and taking necessary measures.

2. On July 28, 2017, the Defendant was under the influence of alcohol content of 0.226% during blood transfusion on July 28, 2017, and operated a GV250 motor bicycle on the front side of the “G store” located in Seongbuk-gu Seoul Metropolitan Government F, from around 70 meters to the front road of Seongbuk-gu Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Each traffic accident report;

1. A report on the circumstances of the driver at home;

1. A report on the detection of a primary driver;

1. Full photographs of damaged vehicles;

1. Accident video CDs;

1. Application of statutes on a copy of transaction statement;

1. Relevant Article of the Act and Article 148-2 (2) 1 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, the selection of imprisonment with prison labor for a crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act provides that a suspended sentence shall be imposed on the defendant.