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(영문) 서울중앙지방법원 2017.09.15 2017고단5214
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. Around 01:05 on May 14, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a side-road in front of Gwanak-gu in Seoul Special Metropolitan City with a alcohol content of 0.133% in blood while driving C Led-R motor bicycle, driving a motor bicycle in the direction of the south-west, and driving a speed of about 60km in the direction of the south-west.

At the time, since it is night and its width is narrow side, there was a duty of care to prevent accidents in advance by properly manipulating the brake system if pedestrians appear while living well on the front side and the left side of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected this and failed to properly operate the brake system, caused the Plaintiff to go beyond the ground by taking the part of the victim D (35 tax) who was walking the same direction as the Defendant on the left side of the road, with the Defendant’s front wheel of the bicycle bicycle.

As a result, the Defendant, while driving a bicycle in a situation where normal driving is difficult due to the influence of drinking, was driving the bicycle, and the Defendant suffered approximately two weeks of treatment to the victim.

2. On the other hand, the Defendant violated the Road Traffic Act (drinking) driven C -R motor bicycle under the influence of alcohol content of approximately 0.133% from the 50-meter section of blood alcohol content to the roads in the south-gu Seoul Special Metropolitan City, Gangnam-gu, Seoul Special Metropolitan City, at around the first day of paragraph 1 to the roads in front of the Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), report on the detection of the driver at the main driver and record of the measurement of drinking;

1. A written diagnosis on D;

1. Application of statutes on site photographs (No. 9 once a year);

1. Criminal facts;

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