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

except that 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 a BM5 car.

On May 19, 2013, while under the influence of alcohol 04:25% of blood alcohol 0.166%, the Defendant continued to drive a three-lane road in front of the Orsia convenience store in the Seo-gu, Daegu Metropolitan City, Seo-gu, Seoul Metropolitan City, along the front cycle from the monthly basin to the mountain circulation, about 60 km each hour at a speed.

At the time, it was night and rained, and there was a speed of 30 km in time to protect children's protection zones. In such a case, there was a duty of care to prevent accidents in advance, such as complying with the speed limit to those engaged in driving business, properly seeing the right and the right and the right of the vehicle, and operating safely by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected his/her duty while driving at a speed exceeding 30 km per hour, and found the victim C (the age 56) who illegally crossed from the left side of the running direction of the said vehicle to the right side and operated the Hand to the left side in order to avoid this, but did not avoid it, and received the said victim as the front part of the right part of the said vehicle.

As a result, the Defendant suffered injury, such as cutting the frame of the right-of-the-way pelvis, which requires medical treatment for about 10 weeks due to the above occupational negligence in a state where normal driving is difficult due to influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the traffic accident report, the employment report, the employment report of the employee, the employment report of the employee, and the report on the status of the employee, etc.;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Selection of imprisonment with prison labor chosen;

1. The Criminal Act, the suspension of execution;