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(영문) 서울동부지방법원 2020.12.24 2020고단3428
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motorcycle w125.

On September 25, 2020, the Defendant driven the above motorcycle while under the influence of alcohol 0.164% of blood alcohol level around 23:50 on September 25, 2020, and continued the front road of Gangdong-gu Seoul Metropolitan Government to the intersection of the cheon-gu market.

At the time, since it is at night and a intersection where a signal apparatus is installed, the defendant engaged in driving of a motorcycle has a duty of care to safely drive the steering gear in accordance with the signals by reducing the speed and properly operating the steering gear by looking at the right and the right and the right and the right.

Nevertheless, the Defendant neglected to do so and neglected this, and neglected to proceed without disregarding it even though it was a stop signal, and caused the victim D (the age of 44) who crosses the road from the right side of the Defendant's running direction to the left side of the above motorcycle.

As a result, the Defendant suffered from the injury of the victim who driven a motorcycle due to the influence of drinking, which caused approximately six weeks of medical treatment by negligence while driving the motorcycle in a situation where it is difficult to drive normally, such as a remote distance.

2. Around 23:50 on September 25, 2020, the Defendant driven a B 125c motorcycle under the influence of alcohol leveling 0.164% from the front of the EF in the Hanam-si to the front road of Gangdong-gu Seoul Metropolitan Government, at approximately 8.7km.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Investigation report (Report on the status of an employee);

1. Notification of a survey report on actual condition and the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Criminal facts;

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