교통사고처리특례법위반(치상)등
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. The defendant is a person who is engaged in driving a bicycle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;
On May 16, 2020, the Defendant driven a bicycle around 16:30 on May 16, 2020, and led to the way from the distribution intersection, one lane for the bicycle lane in the Han River, Yongsan-gu, Seoul.
In this case, a bicycle driver has a duty of care to accurately operate a bicycle steering system and brakes, to ensure that a bicycle driver has a duty of care to safely drive and prevent accidents in advance by safely driving along the lane.
Nevertheless, the defendant neglected this and failed to properly operate the steering gear under the influence of alcohol, and caused the part of the victim C (age 43)'s bicycle driving driven in the opposite lane due to the negligence of the central line, which led to the front part of the defendant's bicycle.
Ultimately, the Defendant caused the victim to suffer injury due to the above occupational negligence, such as the closed luminous bones, the bones of the flag, and the composite flag, which require approximately six weeks of medical treatment.
2. Violation of the Road Traffic Act (driving) the Defendant driven a bicycle under the influence of alcohol of about 21k in a section of about 0.116% in blood alcohol concentration from the section of approximately 21k to the bicycle lane of the Han River Park in Yongsan-gu, Seoyang-gu, Seoyang-gu, Seoul.
Summary of Evidence
1. Application of Acts and subordinate statutes to a copy of the medical certificate of internal investigation report (assigning to blood alcohol appraisal report) by the defendant's legal statement or actual condition survey report;
1. Relevant Acts concerning criminal facts, Article 156 subparagraph 11 of the Road Traffic Act, Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 2 and 8 of the Act on Special Cases concerning
1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2 and Article 50 (2) of the Criminal Act are applied.