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(영문) 수원지방법원 안산지원 2019.05.31 2019고단289
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 10, 2018, the Defendant driven the electric kickboard (product name: I-K500, 500, 500 Mod-powered output) in the non-section from the site of the members of the National Assembly in Ansan-si to the bicycle lane of the same Gu without obtaining a driver's license at around 10:30 on November 2, 2018, the Defendant driven the electric kickboard (product name: I-K50, 500 Mod-powered output).

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) had a face while under the influence of alcohol by 0.172% at the time stated in the above paragraph (1) above, with red, and with the difficulty of driving normally due to natural characteristics, the Defendant was driving the electric kickboard as stated in the above paragraph (1) and immediately proceeded with the bicycle lane B prior to Ansan-si, Ansan-si.

In such cases, a person engaged in driving of a motorcycle has a duty of care to properly see the front door and to prevent accidents by accurately manipulating the brakes.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this duty of care, got the body of the victim C(the age of 67) who walked the above road due to the negligence of driving without examining the front bank, and had the victim go beyond the victim.

Ultimately, the Defendant, while driving the electric kickboard in a situation where it is difficult for the Defendant to drive under the influence of alcohol, suffered injury to the victim, such as cerebral wave having no open room for approximately one week of treatment due to the occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the statement of the situation of a drinking driver, investigation report, notification on the results of the regulation of drinking driving, and record book of the measurement of drinking;

1. Registers of driver's licenses;

1. A medical certificate;

1. Traffic accident report and investigation report (report on the confirmation of output of the electric kickboard);

1. Related photographs;

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