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(영문) 서울동부지방법원 2021.01.21 2020고단3606
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 PCX motor bicycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 28, 2020, the Defendant driven the motor device bicycle under the influence of alcohol level of 0.095% in light of the blood alcohol level on July 28, 2020, and operated the two lanes from the three lanes in front of Gwangjin-gu Seoul Special Metropolitan City to the sex investigative distance on the side of the flow distance, and changed the lane into one lane.

At night, from the two lanes of the above road to the first one, the vehicle line was changed from the two lanes of the above road.

D Due to the EV vehicle operated by D, the Defendant, who is engaged in driving a motor device bicycle, had a duty of care to look at the vehicle's situation and to safely change the vehicle's traffic condition and prevent the accident from occurring.

Nevertheless, the defendant neglected this and caused a sudden change of the lane to the left side of the motor device bicycle driven by the defendant, which led to the shocking part of the front part of the vehicle's right side.

As a result, the defendant suffered from the injury of the victim F, who was accompanied by the back seat of the motor device bicycle operated by the defendant by negligence while driving in a situation where normal driving is difficult due to influence of drinking, such as an open wound of the left-hand knee in need of about 8 weeks medical treatment.

2. On the date and time set forth in the above paragraph 1, Defendant 2 driven BPC motor bicycle under the influence of alcohol concentration of about 0.095% from the Defendant’s residence in Gwangjin-gu Seoul Special Metropolitan City to the front road in Gwangjin-gu Seoul Special Metropolitan City.

Summary of Evidence

1. The defendant's legal statement D and F's statement fact-finding survey and the next red inquiry into the scene of the accident and the notification of investigation report (the situation report of the driver in charge of driving) on the results of crackdown on driving of alcohol(boom video).

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