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(영문) 서울서부지방법원 2020.06.16 2020고단460
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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 engaged in driving of the B motorcycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On November 12, 2019, at around 03:07, the Defendant driven the above motorcycle while under the influence of alcohol of 0.204% of blood alcohol level, and led to the drive of the above motorcycle at a speed not to be known by one lane toward north from the south of Gangnam-gu Seoul.

At the time, there was a night, and there was a center separation, so the driver's duty of care to prevent accidents in advance by driving safely, such as making a person engaged in the driving duty of a motorcycle a good report on the traffic situation of the front door and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while under the influence of alcohol, failed to properly operate the steering direction and brakes in a state where normal driving is difficult, caused the victim D (ma, 25 years old) who was on the said motorcycle to be driven in front of the said motorcycle and was on the front side of the said motorcycle, to go beyond the floor.

As above, the Defendant driven a motorcycle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as abandonment laverization of the left-hand body, which requires treatment for about seven weeks.

2. Around 03:07 on November 12, 2019, the Defendant driven a B motorcycle at the section of approximately 2.6 km from the roads near New Active Law School located in Gangnam-gu Seoul to Hannam-gu, Seoul, while under the influence of alcohol by 0.204%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. E statements;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of a host driver;

1. Report of detection (driving in violation of the Road Traffic Act) and report of investigation (limited to the measurement of drinking alcohol);

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