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(영문) 광주지방법원 순천지원 2017.05.31 2016고단2612
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 28, 2016, at least 0.142% of alcohol concentration among the blood transfusions, the Defendant driven a motor device bicycle B, without a motor device license, and driven a road of the first line in front of the entrance of the green church located in the 28-ro of Yangyang-gun, Goung-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Seoul, with a speed of about 40km from the Green Middle School to the Yongsan village at the speed of about 40km.

Since the place was a narrow road in which the center line of yellow solid lines is installed, there was a duty of care to safely operate the vehicle by accurately operating the front line and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant discovered at a late time those who walk on the right side of the road due to the negligence of driving without neglecting it, and plucked with the center line by plucking, cutting down the center line, and boomed the road, but did not avoid the victim C (37 tax) who walked on the side of the road on the opposite side of the road, and was faced with the victim's left side knee part with the front wheels of the above Atoma.

As a result, the Defendant driven a motor bicycle without a motor device bicycle license under the influence of alcohol, and caused the victim to suffer a mination of pulvers in the left-hand sculp sculp in the upper right sculp, which requires approximately 16 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. The actual investigation report on traffic accidents;

1. The ledger of driver's licenses of motor vehicles;

1. Statement of the circumstances of driving at drinking, notification of the results of regulating drinking driving, and circumstantial report (whether or not dangerous driving is permitted);

1. A medical certificate and a medical statement (whether serious injury is inflicted on the victim);

1. Application of Acts and subordinate statutes on the scene of traffic accident;

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

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