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(영문) 서울서부지방법원 2018.03.29 2017고단4062
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. The defendant is a person who is engaged in driving a motor motor bicycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 7, 2017, the Defendant, while driving a bicycle with a motor device device around 00:54, was under the influence of alcohol level of 0.135% during blood, was driving at a two-lane road in front of the C cafeteria located in Mapo-gu Seoul Metropolitan Government B in the direction of Sungsan elementary school in the direction of a scambing, regardless of its intersection.

At this point, there is a center line of yellow solid lines, so in such a case, a person engaged in driving a motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and to safely operate the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, who flabed the central line and flabed along the opposite line, was flabed by the Defendant’s vehicle that flabed along the opposite line one lane. The Defendant flabed the two parts of the EK5 si in front of the right-hand flab and fences of the EK5 si.

Ultimately, the Defendant, while driving a motor bicycle in a situation where normal driving is difficult due to the influence of drinking, suffered injury, such as the f (n, 25 years of age) and G (n, 27 years of age) from the victim of the said taxi passengers, respectively, for about two weeks of medical treatment.

2. On November 7, 2017, around 00:54, the Defendant violated the Road Traffic Act and the Guarantee of Compensation for Automobile Damages: (a) operated a motor motor bicycle without purchasing a mandatory insurance policy at approximately 1.3km section from the front road of the building to the front road of the Mapo-gu Seoul Mapo-gu (Seoul Mapo-gu) to about 1.3km alcohol level from the front road of the building to the front road of the same Mapo-gu (Seoul Mapo-gu).

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of each traffic accident in D, G and F;

1. Application of Acts and subordinate statutes to a traffic accident report, notification of the results of regulating drinking driving, and investigation report (Submission of a victim's diagnosis report and written estimate);

1. Each of the relevant Articles of the Act concerning the facts of crime;

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