A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The Defendant is a person who is engaged in driving a W125 motorcycle.

피고인은 2019. 10. 2. 01:35경 전주시 완산구 백제대로 196 소재 ㅏ자형 삼거리 앞 편도 3차선 중 3차로를, 혈중알코올농도 0.055%의 술에 취한 상태로 꽃밭정이 사거리 방면에서 구이 방면으로 불상의 속도로 진행하게 되었다.

At all times, crosswalks are installed on the front side, and therefore, the driver had a duty of care to safely drive the vehicle, such as checking whether there is a person who gets involved in driving, by reducing speed, checking the right and the right and the right, and taking appropriate brakes when an obstacle occurs on the front side.

Nevertheless, the Defendant neglected this due to negligence while driving the vehicle signal, etc. while under the influence of alcohol, and caused the victim C (the age of 59) to stand the crosswalk on the right side from the left side of the direction of the proceeding to the front side of the above motorcycle.

Ultimately, the Defendant caused the victim to suffer injury, such as minculation of cryp flapsing the upper left-hand body in need of approximately 14 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A medical certificate;

1. Reports on traffic accidents, reports on the results of the control of drinking driving, and circumstantial statements of drinking drivers;

1. Application of Acts and subordinate statutes governing accident site photographs;

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

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

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. The Criminal Act for orders to provide community service and attend lectures;