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(영문) 서울북부지방법원 2019.06.13 2019고단1611
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. On March 27, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving the three-wheeled electric bicycle, a motorcycle, under the influence of alcohol level of 0.15% under the influence of alcohol level at the front of Dongdaemun-gu Seoul Dongdaemun-gu Seoul (B) around March 22:25, 2019, and got the bicycle crossing from the surface

At the same time, the crosswalk was installed, and the drivers walk the way, so in such a case, there was a duty of care to prevent accidents in advance by reducing speed and properly manipulating the brakes and steering gear in a manner that well sees the right and the right and the right and the right and the right and the right and the right of the motorcycle.

Nevertheless, the Defendant neglected this and neglected his duty to operate the brakes and steering gear, and instead failed to properly operate the brakes and steering gear, and received the left bridge of the victim E (the age of 65) from the rear part of the said electrical bicycle.

Ultimately, the Defendant driven the said electrical bicycle under the influence of alcohol that it is difficult for the Defendant to drive in a normal condition, and suffered injury, such as salt pans, tension, etc., in the part of the necessary base for treatment for about three weeks.

2. On March 27, 2019, the Defendant driven the said electrical bicycle under the influence of alcohol with a blood alcohol concentration of 0.155% from a section of about 350 meters around the same day from the front of “G cafeteria” in the Dongdaemun-gu Seoul Metropolitan Government F market to the place indicated in the preceding paragraph at around 22:25 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Investigation report (report on the circumstances of an immigration driver);

1. A report on the occurrence of a traffic accident, a report on the circumstances of the driver-employed driver, and a report on the actual condition of a traffic accident;

1. A medical certificate;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the relevant criminal facts and the choice of punishment.

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