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(영문) 서울중앙지방법원 2017.12.20 2017고단5204
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 22, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a CNEWW Engine bicycle under the influence of alcohol concentration of 0.207% in blood on the rear side of Gangnam-gu Seoul on the side of his/her blood around June 22, 2017, and proceeded at a speed that is unknown to the direction of the present elementary school in the direction of the Gachi Park.

Since there is a narrow side road and a place where the center line of yellow domin line is installed, there was a duty of care to properly manipulate the steering and brake system to the person engaged in driving service and prevent accidents in advance.

Nevertheless, the Defendant neglected this and went through the opposite lane due to the negligence of driving a central line while drunk, and received the front wheels part of the motor device driving by the Defendant as the front wheels part of the motor device driving by the Defendant.

As a result, the Defendant, while driving a bicycle under the influence of drinking, was unable to drive the bicycle, and the Defendant suffered injury, such as the left-hand streke, which requires approximately four weeks of medical treatment, such as the fall down on the left-hand streke.

2. The Defendant violated the Road Traffic Act (drinking driving) operated a CNEW motor bicycle in the drunken state of approximately 0.207% alcohol concentration in the section of approximately 200 meters from the front of the “the head office of Han-dong Pool, Han-gu, Seoul, Gangnam-gu, Seoul, to the front side of Gangnam-gu Seoul, while driving a CNEW motor bicycle in the influence of alcohol content from around 11 to around 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A written statement on the occurrence of traffic accidents;

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

1. A report on the detection of a primary driver;

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

1. The provision of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the provision of Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the selection of imprisonment with prison labor as to the crime;

1. The aggravated Criminal Act for concurrent crimes.

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