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A defendant shall be punished by imprisonment for not more than ten 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. The defendant is a person who drives a bicycle with CPD125 motor device owned by the company B, which is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
No one shall drive a motor device and bicycle in a situation where it is difficult to drive a bicycle normally due to drinking or drugs to cause any injury to people.
Nevertheless, the Defendant, on August 19, 2018, driven the bicycle under the influence of alcohol content of 0.118% at around 05:26, but it is difficult to completely memory the situation of driving while driving, etc. while under the influence of alcohol, and led the bicycle to bypass from the right hill side of the front side of Seongbuk-gu Seoul, Seongbuk-gu, one lane among the five-lanes in front of Seongbuk-gu Seoul.
In such cases, a person who is engaged in driving a motor device bicycle shall temporarily stop the motor device bicycle and check whether there is a vehicle going on the right side on the left side of the road where he/she intends to enter, and safely turn off the vehicle in progress so as not to obstruct the traffic of the vehicle in progress, but the defendant has been driving on the right side of the right side of the traffic direction when he/she turns out without examining the vehicle in progress
E 운전의 F 아반 떼 승용차 조수석 앞 범퍼부분을 위 원동기장치 자전거의 좌측 부분으로 들이 받아, 그 충격으로 원동기장치 자전거 뒷좌석에 동승 중이 던 피해자 G(28 세) 이 튕겨 져 나가 도로 바닥 및 위 아반 떼 승용차 하단부에 충격하도록 하여 피해자로 하여금 약 6 주간의 치료를 요하는 좌측 견갑골의 폐쇄성 골절 등의 상해를 입게 하였다.
2. The defendant, as stated in the above paragraph 1, is driving in violation of the Road Traffic Act (drinking) and driving in violation of the Road Traffic Act (drinking without a license) is driving in the three-way form of Gangnam-gu Seoul Metropolitan Government without a bicycle driver's license under the influence of alcohol concentration of 0.118% during blood.