A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor bicycle with BSEL 125 motor bicycle, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On May 5, 2016, the Defendant operated the motor bicycle under the influence of alcohol content of 0.196% in blood around 01:45, and proceeded ahead of Seongdong-gu Seoul, Seongdong-gu, Seoul, with a speed of about 20km from the side of the answer house to the new return distance.

At the time, the Defendant, while driving a bicycle in a situation where it is difficult to drive the bicycle normally due to influence of drinking, such as a string distance, etc., he received the victim D (the age of 50) (the age of 50) from the front part of the bicycle for the motor device, as the front part of the motor device, and suffered from the victim's injury, such as chills, tensions, etc. in need of three-day medical treatment.

Accordingly, the defendant, under the influence of alcohol, was driving a motor bicycle in a situation where normal driving is difficult due to the influence of alcohol, thereby causing the damage to the victim.

2. On the day and around the day specified in paragraph (1), the Defendant: (a) driven a bicycle under the influence of alcohol of 0.196% in alcohol while under the influence of alcohol of 0.196% in the blood, without obtaining a motor device bicycle license from the front side of the inwing factory located in Seongdong-gu Seoul Metropolitan Government, to the place of accident specified in paragraph (1).

Summary of Evidence

1. A protocol concerning the examination of the accused;

1. Statement made D;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 and 43 of the Road Traffic Act;

1. Article 40 or 50 of the Criminal Act of ordinary concurrent crimes (Punishment for a person who has a heavy drinking while driving a drinking or driving a non-license);

1. Selection of punishment (limited to imprisonment);

1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;