특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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
1. The Defendant is a person engaged in driving a motor bicycle B 49CC;
On June 18, 2019, the Defendant driven the above motorcycle while under the influence of alcohol of 0.142% of blood alcohol level around 19:05, and proceeded with the sidewalk D in Daegu Northern-gu C from the surface of the mouth guard.
A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the left side, and accurately manipulating the steering gear, etc.
Nevertheless, under the influence of alcohol, the Defendant, while driving a vehicle while neglecting to do so, brought about the right part of the victim E (the age of 64) who walked on the sidewalk in the direction of the Defendant’s driving, with the Hand on the right side of the Defendant’s motorcycle.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and caused the above victim by negligence in the course of business to suffer injury, such as salt dynasium, which requires approximately three weeks medical treatment.
2. On June 18, 2019, the Defendant driven the said motorcycle without obtaining a driver’s license in a state of alcohol alcohol concentration of about 100 meters from the section of about 100 meters from the 19:05, the 19:05, to the D in the front of the Daegu Northern-gu, Daegu Northern-gu, and up to the 100-meter reporting.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. The actual condition survey report;
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. A medical certificate;
1. Application of Acts and subordinate statutes to investigation reports;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) regarding criminal facts and Article 16037 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) are amended as to the relevant criminal facts.