(영문) 서울남부지방법원 2019.11.28 2019고단4349

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자간(%)

(영문) 서울남부지방법원 2019.11.28 2019고단4349

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving a second motorcycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 2, 2019, at around 03:40 on June 2, 2019, the Defendant driven the above motorcycle while making it difficult to drive the motorcycle normally while under the influence of alcohol with 0.143% of the blood alcohol concentration, such as drhhhing the eye and rhyming the body, and driven the five-lanes in front of Gangseo-gu Seoul Metropolitan Government along the five-lanes from the boundary of the new fire-fighting intersection to the intersection.

In such cases, a person engaged in driving of a motorcycle has a duty of care to prevent any accident by accurately manipulating the steering gear, brakes and other devices of the motorcycle.

Nevertheless, the Defendant neglected the above duty of care and caused injury to the victim D (the 19-year old) who was on the right by the negligence of bypassing the Defendant’s motorcycle, and used it to the right, due to the shock, caused the victim D (the 19-year old) to go beyond the road, and suffered injury, such as salt, tension, etc. in the number of days of treatment.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

2. Around 03:40 on June 2, 2019, the Defendant driven a B motorcycle under the influence of alcohol with a blood alcohol concentration of about 0.143% from a section of approximately 1.7km from the front of F in the vicinity of Gangseo-gu Seoul Metropolitan Government E to the front of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

1. The circumstantial statement of the employee;

1. Notification of the results of crackdown on drinking driving and application of Acts and subordinate statutes;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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