특정범죄가중처벌등에관한법률위반(위험운전치상)등
Defendant shall be sentenced to eight months of imprisonment, and the execution shall be suspended for two years from the date when the judgment becomes final and conclusive.
(b) the defendant;
Punishment of the crime
1. The Defendant is a person engaging in driving a two-wheeled vehicle C 125CC.
On August 25, 2017, the Defendant driven the said two-wheeled vehicle under the influence of alcohol content of 0.263% during blood transfusion 20:5, while driving the said two-wheeled vehicle at a speed of 0.263%, and driving the front side road of Gwangjin-gu Seoul Special Metropolitan City at the front side of Gwangjin-gu, Seoul Special Metropolitan City, as the front intersection of the Olympic Winter Zone from the Gwangjin-gu, the Defendant turn the two-wheeled vehicle at the speed of speed
In this case, a person engaged in driving a two-wheeled vehicle has a duty of care to prevent accidents by accurately manipulating steering devices and brakes in normal state without influence of drinking or drugs, and to prevent accidents.
Nevertheless, the Defendant neglected to perform his/her duty of care in a state where normal driving is impossible under the influence of alcohol, and received the victim E (62 years) who was walking prior to the driving of a two-wheeled automobile by the Defendant.
Ultimately, Defendant 2 suffered injury to the victim due to the above occupational negligence, such as an infection for about two weeks in need of treatment.
2. On November 8, 2012, the Defendant is a person who has been sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Seoul Eastern District Court on the grounds of a violation of the Road Traffic Act (drinking) at the Seoul Western District Court on the same day, etc. on August 8, 2012. On May 18, 2009, a person who has been sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act at the Seoul Western District Court on the grounds of a violation of the Road Traffic Act (drinking) at the Seoul Western District Court on the same day.
Nevertheless, under the influence of alcohol concentration of 0.263% in the blood of the second blood, the Defendant was driving a two-wheeled automobile at a section of about 50 meters in the front of Gwangjin-gu Seoul Special Metropolitan City(Seoul Special Metropolitan City Gwangjin-gu) where the accident occurred.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions, a report on the measurement of drinking alcohol, and a medical certificate;
1. Application of the law of inquiry about criminal history