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(영문) 의정부지방법원 2017.01.19 2016고단3751

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On July 10, 2016, the Defendant driven the said vehicle under the influence of alcohol of 0.362% in blood without obtaining a driver’s license on July 13:40, and led the two-lane road in front of the “D convenience store” located in Gyeonggi-gu Seoul, Gyeonggi-gu, to drive the said vehicle along the two-lanes of the B-do road from the air-gradon surface.

Since there was a parking lot adjacent to the road in front of the convenience store, there was a duty of care to safely drive the vehicle in parking by thoroughly operating the steering room and the steering system and operating system in order to prevent the vehicle from being parked.

Nevertheless, under the influence of alcohol, the Defendant received a part of the driver’s gallon that was parked in the parking lot front of the given convenience store (hereinafter referred to as “victim E”, 44 years old), following the Fgallon of the Fgallon boarding, and continued to receive the part of the driver’s gallon in front of the said SM5 car, and continued to receive the part of the G A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant, while driving the said car in a situation where normal driving is difficult due to influence of drinking, suffered injury to the victim E, who was on board the steering ground of the said car with the said gallon, for about three weeks of medical treatment, such as thallon, and suffered injury to the victim I (40 years of age) who wanted to board the driver's seat of the said gallon, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. The actual survey report and related photographs;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1 and Article 44 of the Road Traffic Act concerning criminal facts