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

The defendant is a person who is engaged in driving a motor device or bicycle.

On September 6, 2015, the Defendant, while under the influence of around 09:56, the alcohol level of the blood alcohol level of 0.22%, was 0.2%, the Defendant driven the bicycle on the front side of Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu) by driving the motor device on the front side of the red luxle lux, with a mountain luxle off from the red lux

In such cases, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle by reporting the traffic situation well, accurately manipulating the steering direction, brakes, etc.

그럼에도 피고인은 술에 취하여 이러한 주의의무를 게을리 한 채 음주의 영향으로 정상적인 운전이 곤란한 상태에서 만연히 위 원동기장치 자전거를 운전하여 진행하다가 그 곳 보도 블럭 연석을 들이받아 그 충격으로 위 원동기장치 자전거에 탑승하고 있던 피해자 E( 여, 28세) 가 튕겨 져 나가게 하여 피해자에게 약 6 주간의 치료를 요하는 ‘ 미만성 축삭 손상’ 등을 입게 하였다.

As a result, the Defendant operated the motor bicycle under the influence of alcohol concentration of 0.22% in blood, and suffered injury to the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on the actual condition of traffic accidents, a report on the detection of drivers of each main driver, and an appraisal report on alcohol in blood;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victims Eline);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment