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(영문) 서울서부지방법원 2018.06.21 2018고단590
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving a CR 125IE bicycle.

1. On November 18, 2017, the Defendant: (a) operated the bicycle under the influence of alcohol leveling 0.127% of alcohol level while under the influence of alcohol leveling from around 04:05 to around 54-6, Yeongdeungpo-gu Seoul Metropolitan Government on the roads from around 54:05 to the front roads of Yongsan-gu, Yeongdeungpo-gu, Seoul Metropolitan City.

2. On November 18, 2017, the Defendant driving the motor bicycle under the influence of alcohol level of 0.127% from blood in around 04:05 on November 18, 2017, and driving the motor bicycle before Yongsan-gu Seoul Metropolitan Government (Seoul), driving the motor bicycle at a speed of 0.127% from the original border of the road at the speed of the two-lane from the original border of the road of Yongsan-gu to the long distance.

At the same time, there was a duty of care to reduce the speed and to properly manipulate the steering system and the brake system in order to prevent accidents in advance. In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by reducing the speed and properly manipulating the steering system and the brake system.

Nevertheless, the Defendant neglected to do so and proceeded in the state of drinking, such as Paragraph 1, caused the victim E (28) (3) who was on the back seat of the motor device bicycle with the front wheel part of the bicycle's bicycle with the front wheel part of the road center, and was on the front seat of the bicycle.

As above, the Defendant, while driving a bicycle with a motor device in a situation where normal driving is difficult due to influence of drinking, was negligent in the course of performing such duties as above, and the Defendant suffered injury to the victim, such as a salt salk, requiring approximately two weeks medical treatment.

Summary of Evidence

Part of the defendant's witness E's legal statement is a fact-finding report, occurrence report (traffic accident), investigation report (the situation report of the driver in charge) and investigation report (on-site dispatch).

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