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(영문) 서울동부지방법원 2021.01.29 2020고단2405
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. On June 19, 2017, the Defendant was issued a summary order of a fine of five million won or more due to a crime of violating the Road Traffic Act by the Seoul Central District Court.

On June 24, 2020, the Defendant, while under the influence of alcohol above 0.08% among the blood transfusions, driven a motor device bicycle in the section of approximately 500 meters from the road located on the insular road of Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as Seongdong-gu) to the front road of the same Gu.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

2. The Defendant is a person who is engaged in driving a bicycle C 125cc engine device.

On June 24, 2020, the Defendant, while under the influence of alcohol more than 0.08% among blood transfusions, driven the said motor bicycle and proceeded along the three-lane line in the direction of the Dental Center with the three-lane distance from the direction of the Dental Center, by driving the said three-lane road in front of Seongdong-gu Seoul.

At the time, D-si was stopped in order to board passengers on the road side, so in such cases, there was a duty of care to safely drive the vehicle by driving the vehicle, such as setting the steering direction and operating the steering system accurately while driving the vehicle on the front side and the right side.

Nevertheless, the defendant neglected to perform his duty of care, such as an electric-way driver, in a situation where it is difficult to drive normally due to the influence of drinking, such as a breathing and smelling, and it is impossible to check the walking condition, while driving a car on the side between the third-way driver and the Do road, and finding a taxi at the latest, and making a stop at the latest, but she was deprived of the center and getting off on her own while driving the taxi, the part of the bridge of the victim E (36 years old) on the side in order to board the taxi was carried out as the motor bicycle.

Ultimately, the Defendant’s negligence on the part of the above business is weak to the victim.

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