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(영문) 서울중앙지방법원 2019.02.15 2018고단7926

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving a B motorcycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On October 12, 2018, the Defendant driven the above motorcycle while under the influence of alcohol with 0.127% of blood alcohol concentration around 21:58, and driven the two-lane road in front of the Seoul Jung-gu Seoul Metropolitan Government at a speed of 1-lane from the surface of the pharmaceutical water shooting distance to the titant high-speed bank.

At the time, the center line of the yellow-ray is installed at night and there is a place where the yellow-ray is installed. In such a case, a person engaged in driving a motorcycle has a duty of care to prevent accidents in advance by safely driving the steering gear and brakes, such as thorough operation of the electric light and accurate operation of the steering gear and brakes.

Nevertheless, the Defendant, as a result of the negligence of driving a motorcycle in a situation where normal driving is difficult due to the influence of drinking, received the part before the left-hand side of the victim D(W, 30 years old) driving, which was driven in the opposite lane.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury of the victim F, 31 years of age, and the victim G (n, 30 years of age), such as salt f, etc. in light of the light that requires two-day medical treatment, and the injury to the victim H (34 years of age) who was on the back of the back of the motorcycle for about eight weeks of treatment.

2. On October 21, 2018, the Defendant: (a) driven a B motorcycle while under the influence of alcohol 0.127% of the blood alcohol concentration at around 21:58, at around 12, 2018, the distance of approximately 600 meters from the front day of the Seoul Jung-gu Seoul Metropolitan Government I to the front road of the Seoul Jung-gu C.

Summary of Evidence

1. Defendant’s legal statement

1. A written statement of the occurrence of each traffic accident in D, F and G;

1. Each written diagnosis;

1.With respect to the application of the suspect AFE formula.