특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
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
[Criminal Power] On July 21, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
1. A person who is engaged in driving a B motorcycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;
On May 1, 2020, the Defendant, while under the influence of alcohol of 0.154% of blood alcohol concentration at around 21:06, proceeded with the two-lane roads in front of the “Dcafeteria” located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, at a speed that is impossible to identify one-lane from the sloping intersection to the sloping distance.
At the time, the victim E (Nam, 64 years old) is on the night and the motor bicycle. In such a case, there was a duty of care to safely operate the brakes by properly manipulating the brakes while living well in the driver.
Nevertheless, under the influence of alcohol, the defendant's negligence that did not properly operate the brake system, conflicts with the safety rods installed in the central line, and due to which the victim's bridge, who was a passenger, goes beyond the floor of the safety rods.
In the end, the Defendant violated the prohibition of driving under the influence of alcohol twice or more, and suffered from an injury to the victim by negligence in the course of business that drives the said motorcycle while normal driving is difficult due to influence of alcohol, such as the snow sofacing and the open room of the snow level, which require approximately two weeks of treatment.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, operated a two-wheeled automobile not covered by mandatory insurance at the time and place of such violation.
Summary of Evidence
1. The police statement of the defendant E in his court statement;
1. The traffic accident investigation report, the investigation report (the CCTV), the video CD-based driver’s circumstantial statement;