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

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle with BCC 3 Ecuad.

On December 23, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.156% during blood transfusion on December 23, 2017, and proceeded with the side road of the Seoul Southernbuk-gu C.

Since there is no distinction between the sidewalk and the roadway, and frequent traffic of many unspecified pedestrians, the defendant, who is engaged in driving, has a duty of care to take care of pedestrians and to check and proceed with the safety of the course by checking well the right and the right of the front.

Nevertheless, the Defendant neglected to do so and did not discover the victim D (V, 72 years old) and the victim E (V, 49 years old) before due to occupational negligence, and shocked the victims in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered approximately two weeks of medical treatment from the above victims due to occupational negligence, and the pelvise of the pelvis.

2. On December 11, 2013, the Defendant has the record of being sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on December 11, 201, and a fine of KRW 1.5 million for the same crime at the same court on April 20, 2014, respectively.

The Defendant driven a car with the same alcohol level of 0.156% under the influence of alcohol in blood at the same time and place as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on occurrence of traffic accidents;

1. Reporting on the occurrence of a traffic accident;

1. A written appraisal of alcohol during blood;

1. Each written diagnosis;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (a point of causing occupational negligence), Article 148-2(1)1 and Article 44 of the Road Traffic Act concerning criminal facts.