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(영문) 서울서부지방법원 2019.02.14 2018고단4256
특정범죄가중처벌등에관한법률위반(위험운전치상)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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving BHJ125T 124C motorcycles.

On November 16, 2018, the Defendant, without obtaining a motorcycle license on November 16, 2018, driven the above motorcycle while under the influence of 0.244% of blood alcohol concentration, and made the three-lane road front of the D High School in Eunpyeong-gu Seoul Metropolitan Government turn to the left at the right turn from the direction of the Eunpyeong-gu Private Sports Center.

At night and immediately after the left-hand turn, the center was installed at the center of the road, and in such a case, there was a duty of care to prevent accidents in advance by accurately operating the steering system and the steering system for the driver of the motorcycle.

Nevertheless, the defendant neglected to do so and got the victim E (the age of 29) (the age of 29) who was seated on the rear seat of the above motorcycle because the drums set up at the center of the road came beyond due to negligence.

As a result, the Defendant suffered injury to the victim, such as the left-hand salt, garment, etc., which requires approximately two weeks of treatment due to such occupational negligence.

2. On November 16, 2018, the Defendant driven a motorcycle at the section of approximately 9.8 km from the front of Mapo-gu in Seoul to the front of the road of Eunpyeong-gu in about 0.244 % under the influence of alcohol without obtaining a motorcycle license at around 00:10 on November 16, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the traffic accident situation of E;

1. The actual condition survey report, the register of driver's licenses, the report on internal investigation (on-site CCTV image verification), the written appraisal of blood alcohol, and the written diagnosis of victims, shall be governed by statutes;

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