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(영문) 의정부지방법원 2019.11.27 2019고단3315

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is engaged in driving freight B and III;

On March 11, 2019, the Defendant driven the above cargo vehicle on March 22:27, 2019, and led to C to the direction from the direction while under the influence of alcohol concentration of 0.160% in front of the Voluntary Crime Prevention Zone in South-Nam-Eup, Yong-do.

Since there is a road where the center line of yellow solid lines is installed, a person engaged in driving service shall pass along the center line to the right side of the center line, shall not drive under the influence of alcohol, and he/she has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, as seen above, the Defendant, while driving in a state where normal driving is difficult due to a drunken driving, conflicts with the part of the front part of the E-learning car driven by the victim D (the age of 35) who driven one-lane in the opposite direction due to the negligence committed by the center line.

As a result, the Defendant driving a wing-III cargo vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, shoulder dump, etc. in need of treatment for about two weeks.

2. The Defendant has driven the above wing-III truck under the influence of alcohol concentration of 0.160% without obtaining a driver’s license at the same time and at the same place as the above paragraph (1) of the Road Traffic Act.

3. The Defendant violated the Resident Registration Act, as stated in the foregoing paragraph 1, committed as if he was previously aware of the fact that he had been asked by the police officer G to present his identification card to confirm his identity at the scene of the accident after driving the police box called out to the scene, and committed as if he had been asked by the police officer G to present his identification card.