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(영문) 서울중앙지방법원 2018.04.04 2018고단319
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 is engaged in driving service B 124cc.

On November 8, 2017, under the influence of alcohol content 00:39% in blood, the Defendant driven the above Otoba while driving the 0.174% of alcohol level, and proceeded back to the front side of the 119 Safety Center, which is the sublime 65-dong, Jongno-gu Seoul, Jongno-gu, Seoul, in front of the 119 Safety Center.

The location is a side road that is not divided into a roadway and a sidewalk, and there are many pedestrians, so there was a duty of care to check the safety of the course and prevent accidents in advance by driving, while reducing the speed and keeping the right and the right on the side.

Nevertheless, the defendant suffered the body of the victim C(22) placed in the same direction from the front side of the defendant's proceeding in the same direction as it is, due to the negligence that the breath face is red, inaccurate, and the balthm is difficult to drive normally, such as a remote distance, and caused the victim to go beyond the ground.

As a result, the Defendant driven a motor bicycle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as an injury on credit, such as an emergency medical treatment for about 12 weeks, from the victim.

2. On the same day as the statement in the preceding paragraph, the Defendant driven the above B Oralb while under the influence of alcohol content of about 0.174% from the 4km in a section of approximately 4 km from the front of the Seongbuk-gu Seoul Metropolitan Government Yung 2-dong, to the front of the 119 Safety Center, the sublime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of the crackdown on driving under drinking;

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