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(영문) 서울북부지방법원 2015.07.07 2015고단1390
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

However, 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 who is engaged in driving of the B motorcycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On March 24, 2015, around 19:00, the Defendant proceeded at a speed below two-lanes on a road of four-lanes in front of the Seoul Jung-gu Seoul Metropolitan Government, toward the upper right road along the upper right road.

Since there are crosswalks where signal lights are installed on the front side, there was a duty of care to check whether a person engaged in driving of a motorcycle is a person who gets on a way to reduce the speed without drinking, and to check the front left well, and to safely drive the motorcycle in accordance with the new code.

Nevertheless, the Defendant neglected this, while driving the above motorcycle while under the influence of alcohol with 0.146% of alcohol content, and received the victim D (ma, 19 years old) who walked the crosswalk in accordance with the pedestrian signals as the front part of the above motorcycle by negligence while driving the above motorcycle in the influence of alcohol content 0.146%.

Ultimately, while driving a motorcycle in a state where normal driving is difficult due to the influence of alcohol, the Defendant caused the victim D by negligence in the course of business as above to suffer injury, such as the mouth of an inner copy, which requires approximately four weeks medical treatment.

2. On March 24, 2015, the Defendant driven a B motorcycle under the influence of alcohol with approximately KRW 500-146% alcohol content from the front road of an apartment complex in the Seoul Western-gu, Seoul, to the same 302-1 front road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. On-site evidentiary photographs;

1. Accident moving images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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