특정범죄가중처벌등에관한법률위반(위험운전치사상)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
1. Around September 27, 2019, the Defendant driven a W125 motorcycle while under the influence of alcohol of 0.147% of blood alcohol concentration from the 5km section from the French-dong Seoul Mapo-gu Seoul Metropolitan Government to the front road.
2. Around September 27, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the motorcycle specified in paragraph 1, while under the influence of alcohol on the two-lanes in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with a blood alcohol concentration of 0.147%, and driven the motorcycle on the side of the red distance along one lane from the cultural village distance.
In such a case, the driver of a motor vehicle has a duty of care to reduce the speed so that the driver of the motor vehicle may not intrude the central line and to properly operate the steering and operating the steering system for the motor vehicle, as well as to drive the motor vehicle in a state where normal driving is difficult due to the influence of drinking.
Nevertheless, the Defendant neglected this and neglected so that he was driven by the victim D(37 years of age) who was under normal course by observing the lane in the direction of the course of the course due to the negligence of driving the center line, without reducing the speed, and due to the negligence of driving the center line, and received the front part of the two-wheeled vehicle driving by the Defendant in front of the left-hand part of the ECoC car.
As a result, the Defendant driven a motorcycle in a state where normal driving is difficult due to influence of drinking, and suffered bodily injury such as salt, tension, etc. of a light flag which requires medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Application of Acts and subordinate statutes to the traffic accident report (1) (2), the state-employed driver’s circumstantial statement, the diagnosis certificate, and the report of internal history (verification of black images);
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;