A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Category B car.

On October 8, 2015, the Defendant driven the said car with the blood alcohol concentration of 0.213% around 21:20, while under the influence of alcohol, and continued to drive the said car in front of the “Dju store” located in Kimcheon-si C from the side of the two Jeju apartment to Kimcheon- Middle School.

It is a shopping district where commercial buildings are densely concentrated, so in such cases, there was a duty of care to check whether there are pedestrians by properly examining the front door and the left and right of the driver of the motor vehicle, and to prevent accidents by operating the steering direction and the brakes properly.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was faced with the left-hand side of the victim E (the age of 51) who walked on the left-hand side of the running direction due to the negligence of the Defendant’s negligence, and received the left-hand part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer the left-hand side knenee in need of treatment for about six weeks of occupational negligence as above.

2. On the date and time set forth in Paragraph 1, the Defendant driven B Mt-car while under the influence of alcohol 0.213% of the blood alcohol concentration from the front of the restaurant at Kimcheon-si to the place set forth in Paragraph 1, at the section of about 500 meters in front of the restaurant at Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report, traffic accident photograph, actual condition survey report, and on-site photograph;

1. Investigation report (in respect of documents related to drinking of a suspect and blood appraisal results), inquiry request, inquiry report on an appraisal request, the driver of a drinking-take driver's license, and inquiry into the results of the control of drinking driving and blood collection);

1. The application of Acts and subordinate statutes to report internal investigation (referring to the submission of a medical certificate) and medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and the Criminal Act;