(영문) 서울북부지방법원 2018.01.11 2017고단4815

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(영문) 서울북부지방법원 2018.01.11 2017고단4815

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of five 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 motor device BX125 bicycle.

On October 20, 2017, the Defendant driven the motor device bicycle under the influence of alcohol level of 0.147% among the blood transfusion around 02:00, and driven the road of one lane in front of Seoul Seongbuk-gu Seoul, Seoul, with the speed of about 60km from the length of the National Bank to the length of the above office at the speed of about 60km.

At the time, it was a road near the intersection where the center line of the yellow real line is installed. In such a case, the driver of the vehicle has a duty of care to keep the distance of the vehicle at front and prevent the accident in advance by failing to violate the traffic laws and regulations, such as breaking the center line while maintaining the lane.

Nevertheless, the Defendant neglected this and went through the intersection without looking at the front side of the motor device by the Defendant’s negligence before passing through the intersection without looking at the front side of the motor vehicle in front of the road in front of the road in front of the road in which the Defendant tried to pass left to the front side of the motor vehicle in front of the road in front of the road in front of the course, and by the negligence of passing through the intersection, received the front side of the motor device of the Defendant.

As a result, the defendant driving a motor bicycle in a situation where normal driving is difficult due to the influence of drinking, and suffered approximately two weeks of medical treatment to the victim, such as a right-hand salt.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2), notification of the results of crackdown on drinking driving, a statement of the circumstances of the driver at drinking, a statement of the occurrence of the traffic accident, and a medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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