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(영문) 서울동부지방법원 2018.03.08 2017고단3406
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CCAS110 motor bicycle.

1. Around August 18, 2017, the Defendant driving a bicycle under the influence of alcohol content of about 0.137% from the blood alcohol level on the front of the restaurant of “Cheongdoro” located in 656-89, Seongdong-gu Seoul, Seongdong-gu, Seongdong-gu, Seoul to the front of the road of Seongdong-gu, Seoul.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was driving the motor device bicycle under the influence of alcohol on the front road of Seongdong-gu Seoul Metropolitan Government and driving it using three-lanes from the king basin of the king to the king basin of the upper half.

Since the place has a crosswalk where signal lights are installed, there was a duty of care to check whether there is a person who gets on the way to reduce the speed of a motor device and to see well the right and the right and the right of the bicycle, and to drive safely in accordance with the new code.

Nevertheless, under the influence of liquor, the Defendant, while neglecting this, shocked the victim E (V, 30 years of age) who dried the crosswalk into front part of the motor device bicycle.

As a result, the Defendant, while driving a bicycle in difficult condition due to influence of drinking, was driving the bicycle with the above engine device and sustained the victim E with approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and E;

1. A traffic accident report;

1. On-site photographs;

1. Statement of the circumstances of the driver involved in driving;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of danger), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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