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

The Defendant is a person who is engaged in driving C, 125cc.

On May 31, 2015, while the Defendant was under the influence of 01:40% of blood alcohol concentration, the Defendant was driving a four-lane road in the front of Seoul Special Metropolitan City, Nowon-gu, along the two-lanes in the direction of the river basin in the direction of the river basin, at a speed of about 70km from the direction of the river basin, and the Defendant did not discover the victim E (Nam, 25 years old) who walks the road along the crosswalk on the right side of the road along the direction of the road in the direction of the river basin, and did not discover the victim E (Nam, 25 years old) and got the victim's right side to the road.

The Defendant suffered injury to the victim due to the above occupational negligence, such as cutting the body frame of the body body in the right-side light, which requires treatment for about 16 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) (actual survey report);

1. A written report from an employee of an employer;

1. A written appraisal of blood alcohol;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment) 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;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend a lecture [the scope of recommendation] general traffic accident category 1 (the first to one year and six months) (the second to one year), where serious injury occurs (the first type), and where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the first type) / the victim is grossly negligent in the occurrence of traffic accident or the expansion of damage (the decision of sentence] / The defendant suffered injury to the victim crossing a crosswalk due to drinking driving in need of about 16 weeks of medical treatment. The criminal liability of this case is the case.