A defendant shall be punished by imprisonment with prison labor for four 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 the business of driving a bicycle with C 110cc engine devices.

On December 7, 2017, the Defendant driven a motor bicycle with a alcohol content of 0.106 percent from a blood relative around 15:00, while driving the motor bicycle at the 0.106 percent, the Defendant proceeded ahead of the road in front of the mountain village amusement park in both villages at the 25th degree of metro-gil.

A person engaged in driving a motor bicycle has a duty of due care, such as driving the steering system, brake system, and other devices of the motor vehicle, driving the motor vehicle in accordance with the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while driving normally due to the Defendant’s negligence, which led to the Defendant’s failure to do so, and received the part of the Defendant’s bicycle front part of the victim D (the age of 82) driving, which proceeded in the front direction of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence by suffering from an injury to the blood flaging of the acute blag, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service or order to attend a lecture is that the defendant would have suffered serious injury to the victim due to traffic accident while driving under drinking.