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A defendant shall be punished by imprisonment for not less than eight 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.
Reasons
Punishment of the crime
1. 특정범죄 가중처벌 등에 관한 법률위반( 위험 운 전치사상) 피고인은 무등록 49cc 랠리 오토바이 운전업무에 종사하는 사람이다.
On July 29, 2017, when the Defendant was under the influence of 0.211% alcohol during blood transfusion, the Defendant driven the said motor device bicycle and driven the front road B in order to drive the road in front of Seocheon-si from the Do road to the winter side of the Do road.
At night at the time, there was a victim C (n'e, 48 years of age) coming from the road on the front side of the defendant's moving direction, and thus, the defendant engaged in the motor bicycle driver's driving business has a duty of care to look at the front side well, and to prevent the accident by accurately manipulating the steering direction and brake system, and to prevent the accident from occurring.
Nevertheless, the defendant neglected to walk properly while under the influence of alcohol as above and caused the negligence that the defendant driven by the negligence, which led to the front part of the bicycle for the motor device operated by the defendant, to the front part of the victim's bridge.
Accordingly, the Defendant, as seen above, driven a motor bicycle in a situation where normal driving is difficult due to the influence of drinking, and suffered the victim from a sloping of the bridge following the need for approximately two weeks medical treatment.
2. 도로 교통법위반( 무면허 운전), 도로 교통법위반( 음주 운전) 피고인은 전항 기재와 같은 일 시경 부천시 수도로 98 앞 도로에서부터 전항의 장소에 이르기까지 약 2km 구간에서 원동기장치 자전거 면허를 받지 않고 혈 중 알코올 농도 0.211% 의 술에 취한 상태로 위 랠리 오토바이를 운전하였다.
3. 자동차 손해배상 보장법위반 피고인은 전항 기재와 같은 일시, 장소에서 의무보험에 가입하지 않은 위 랠리 오토바이를 운행하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. C.