특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The defendant is a person who is engaged in driving a BW50 motor bicycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
On June 6, 2018, the Defendant, while under the influence of alcohol 0.121% during blood transfusion, driven the motor device bicycle, which was driven by around 15:50%, and led the front road of the 40-dong Green Park, Gangdong-gu, Seoul, Gangdong-gu, Seoul, to the right side road of the front road of the 40-dong Green Park.
Since there is a house side, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by reducing speed and checking the right and the right of the motor vehicle.
Nevertheless, the defendant neglected to perform sobriage and went beyond C from the right side of the bicycle to the left side of the running direction with the negligence of driving the bicycle as it is.
As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, suffered a “forception on the side,” which requires approximately two weeks of medical treatment to the victim.
2. The Defendant operated the above SW50 motor device under the influence of alcohol content of 0.121% without a motor device’s bicycle driver’s license within a section of approximately one kilometer-ro 62-ri, Gangdong-gu, Seoul, to the front road of children’s park, from the date and time as set forth in the preceding paragraph of the Road Traffic Act (drinking) and on a road where it is impossible to find out whether the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (DW50 driver’s licenseless driving) and not more than once,
3. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;
Nevertheless, the defendant operated the above SW50 motor bicycle which was not covered by mandatory insurance at the same time and place as Paragraph 2.