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 CV125.

On August 3, 2014, at around 19:35, the Defendant, while under the influence of alcohol with 0.158% of alcohol content, driven the above Orala, and had the front way of the Nowon-gu Seoul Mapo-ro 129 Nowon-ro Seoul, Mapo-ro 129 Nowon-ro, Seoul, which was directly under the influence of 0.158% of alcohol content.

The above place has a crosswalk where signal lights are installed on the front door, so in such a case, it was confirmed whether there was a person engaged in driving on the front door, and there was a duty of care to drive on the front door according to the traffic signal.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform his duty of care in front of the vehicle, and caused the victim D (the age of 37) who was a pedestrian with the crosswalk in line with the vehicle stop signal by negligence, and did not find out the victim D (the age of 37) who was a pedestrian with the crosswalk due to the vehicle stop signal, and caused the victim to go beyond the road.

The Defendant caused the above traffic accident and caused the shock to cause the victim to receive approximately 8 weeks of treatment from the victim. The Defendant suffered from the mouths of the 3 balance of the right-hand 1st century.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), Article 3 (2) (proviso) 1, 6, and 8 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 (the occupation of occupationally injured person, the selection of imprisonment without prison labor), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the selection of imprisonment with prison labor)

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2 and (2), and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes (within the scope of the sum of the long-term punishments of the above two crimes).