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(영문) 서울북부지방법원 2018.01.11 2017고단4830
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a mati 125cc motor bicycle.

On September 23, 2017, the Defendant driven the motor device bicycle under the influence of 0.120% alcohol during blood alcohol during the influence of around 00:57, and driven the road of 2-lane in front of the exit 3-lane in the middle of 3-lane in the middle of 11-lane in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, at a speed of 30km from the edge of the middle of 10km.

At the time, it was night and there was an intersection where signal apparatus was installed, so in such a case, the driver of the vehicle has a duty of care to observe the traffic signal in the driver of the vehicle and to prevent the accident in advance by operating the steering direction and brake accurately while driving the steering direction.

Nevertheless, the Defendant neglected this and did not observe the traffic signal, and did not keep the steering direction and brakes properly, and did not properly control the steering direction and brakes, and did so, the Defendant got the front part of the victim C (57 tax) driving the intersection from the home fluor to the front part of the bicycle for the Defendant’s motor vehicle driving at the right side of the victim C (57 tax) driving in normal direction from the home fluor to the fluor, according to the traffic signals.

Ultimately, the Defendant, as seen above, driven while driving in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of light finites and tensions, etc., which require two weeks’ medical treatment, to the said victim and E (34) who is his passenger, as well as the victim F, who is the passenger of the Defendant’s motor device, for approximately eight weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report, a statement on the circumstances of the driver at the main place, a report on the detection of the driver at the main place, a written statement on the occurrence of the traffic accident, evidence photograph and each medical certificate;

1. Investigation report (the main driver’s report).

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