특정범죄가중처벌등에관한법률위반(위험운전치상)등
1. The defendant shall be punished by imprisonment with prison labor for a maximum term of one year, for a short term of ten months, and for a fine of three hundred thousand won;
2. The defendant.
Punishment of the crime
The defendant is a person who is engaged in driving a motor device or bicycle.
around 06:00 on June 23, 2017, the Defendant, while under the influence of alcohol of 0.110%, without obtaining a motor device bicycle driver's license from the Southern Underground Road, other than the Southern-ro, Gangseo-gu, Seoul, 112, the Defendant driven the motor device and driven the bicycle along the two-lanes of the two-lanes from the surface of the airport in the Kimpo-si.
Since there is a point to enter the underground vehicular road, in such a case, a person engaged in driving service has a duty of care to reduce the speed and to prevent accidents in advance by driving safely as well as to reduce the speed.
Nevertheless, the Defendant neglected to drive his body in a state where it is difficult to drive normally due to drinking, such as a rhythm, without driving a horse under the influence of alcohol, and caused the victim C (the age of 17) (the age of 17) who was taken the center of the above underground vehicular road to go on the front seat of the bicycle for the motor device.
As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as an inspection and injury that the number of days of treatment cannot be known to the above victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of the occurrence of a traffic accident C;
1. A protocol concerning the examination of suspect with regard to D;
1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;
1. On-site map and photograph of an accident vehicle;
1. A certificate of the measurement of drinking alcohol and a report on the detection of drivers at drinking;
1. Photographss of a photograph by cutting off CCTVs on a mountain sloping underground road or by cutting off a scambling video;
1. Application of Acts and subordinate statutes to a report on investigation (influence and degree of injury to a victim caused by the primary accident);
1. Articles 5-11 and 268 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the pertinent crime, Article 148-2(2) of the Road Traffic Act.