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(영문) 서울남부지방법원 2018.02.13 2017고단5889
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 1, 2017, the Defendant operated a 125CC bicycle under the influence of alcohol leveling 0.193% while under the influence of alcohol leveling 0.193%, without obtaining a driver’s license, from the front side of the “router character club” located on the 19-6 side of Mapo-gu Seoul, Mapo-gu Seoul, to the southwest-gu, Seoul, for the same day from September 1, 2017.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, the defendant operated the motor bicycle that was not covered by mandatory insurance at the time and place under Paragraph 1.

3. The Defendant is a person engaging in driving a motor bicycle with 125CC.

The Defendant, while under the influence of alcohol level of 0.193% among the blood transfusion at the time of the day referred to in paragraph (1), driven the bicycle with the above engine device under the influence of alcohol level of 0.193%, and got five lanes from the roads of 277-4 lanes south the southwest of the 277-4 Northwest of the Yeongdeungpo-gu Seoul Metropolitan Government, toward the right side of the parallel parallel to the speed of about 50 km in the direction of the parallel.

Since there is a rapidly blord road, the driver has a duty of care to properly operate the steering gear and brake system for those engaged in driving service and to safely make a right-hand by controlling the speed in advance.

Nevertheless, the defendant neglected to drive normally due to influence of drinking, and obtained a dives day on the left side of the place due to the negligence of bypassing it, and caused the victim B (22) who was accompanied by the motor device bicycle of the defendant to fall off on the floor due to the shock.

Ultimately, the Defendant has a head open room for the victim B with approximately eight weeks of medical treatment due to the above occupational negligence.

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