Text
Defendant
A shall be punished by a fine of KRW 5,000,00, and by a fine of KRW 2,500,000, respectively.
The Defendants respectively.
Reasons
Punishment of the crime
1. Defendant A is a person who is engaged in driving a PEIM motor bicycle.
On July 3, 2016, the Defendant driven a bicycle with alcohol level of 0.109% in blood without obtaining a motor device bicycle license on July 3, 2016, while driving the same motor device in the state of alcohol level of 0.109% in high-sea, Mangsan-dong Seoul New Shopping Street, Hosan-dong, U.S., Mangsan-dong, U.S., under the influence of the alcohol level, the Defendant shocked the road curbed on the left side of the motor device with the front wheels of the bicycle due to occupational negligence, which did not properly operate the steering and steering gear in the front direction of the motor device under the influence of alcohol.
Ultimately, the Defendant caused the victim B, who was accompanied by the above engine device bicycle due to the above occupational negligence, to suffer injury to the victim B, who did not have two open wound points, requiring approximately four weeks of treatment.
2. On July 3, 2016, Defendant B: (a) even though being aware that the said A was unable to drive normally under the influence of alcohol at the “E main shop” located in U.S. in U.S. Dong-gu, U.S., U.S.; (b) even though he was aware that he was unable to drive normally, Defendant B, despite being unable to do so under the influence of alcohol, was able to have the Defendant’s residence located in U.S., Seo-gu, U.S., U.S., U.S.; and (c) aided and abetted the Defendant’s drinking by driving a motor device and
Summary of Evidence
1. Defendants’ respective legal statements
1. A protocol concerning suspect interrogation of the defendant A by the prosecution;
1. A medical certificate;
1. Reporting of a traffic accident (report on actual condition), response to a request for appraisal (A), reporting on detection of a primary driver (A blood collection result), and application of statutes to the ledger of driver's licenses of motor vehicles;
1. Relevant legal provisions concerning criminal facts;
A. Defendant A: Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act (the injury caused by occupational negligence); Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of drinking), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the driving without a license)