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(영문) 서울북부지방법원 2016.04.28 2015고단4439
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 19, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Northern District Court on September 19, 2008, and on January 24, 2014, the Defendant was issued a fine of KRW 2 million for a violation of the Road Traffic Act at the Seoul Central District Court on January 24, 2014.

1. On September 14, 2015, the Defendant was under the influence of the violation of the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) on the part of September 14, 2015, the Defendant driven a bicycle B89C engine device from around 900 meters in the section of about 900 meters to the road near the front day of the restaurant for 190-7, Seongbuk-gu, Seongbuk-gu, Seoul, with a alcohol level of 0.14% in alcohol level from the blood transfusion without a bicycle driver’s license.

2. The Defendant is a person who is engaged in driving a bicycle B 89cc motor, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).

On September 14, 2015, at around 21:19, the Defendant, while under the influence of alcohol, driven the bicycle, and went into a road near the forest flusium in the Blusium in the northwest-gu Seoul, Gangnam-gu, Seoul, and went through three-lanes of the victim C (n, 38 years of age) who was walking with the driver’s bicycle while under the influence of alcohol.

In such a case, the defendant engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the defendant neglected to drive normally due to influence of drinking, and caused the bicycle to go beyond the road due to negligence.

Ultimately, the Defendant had the victim go beyond the road as above, resulting in the victim’s injury, such as the left-hand pelkes, which requires approximately four weeks of medical treatment.

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