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(영문) 대구지방법원 경주지원 2017.02.02 2016고단725

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 3, 2016, the Defendant: (a) operated B Poter truck under the influence of alcohol concentration of about 0.138%, without a driver’s license, at a distance of about 2 km from the front to the front road of the bus stop in the same city as the front road in the city of 16:32 on the same day, the Defendant: (b) driven the B Poter truck under the influence of alcohol concentration of about 0.138%, without obtaining a driver’s license, in the direction of about 16:32 on the same day from the front road in the city of 16:32 on the same day.

2. The defendant is a person engaging in driving of the above cargo vehicle.

On July 3, 2016, the Defendant, while under the influence of alcohol, driven the above cargo while driving on July 16:32, 2016, led to the front of the bus stop at 803 upper end of the racing-si, Seocheon-si.

At the time, there was a rain at the time, and at the time, the defendant C (56 years old) was driven by the victim C (56) to stop at the bus stop and get passengers on board the bus, so there was a duty of care to prevent accidents in advance by thoroughly operating the brake and steering gear, and operating the bus accurately, thereby stopping safely after the bus.

Nevertheless, the Defendant did not find out that the bus stops while driving the car in a state where it is difficult to drive the car normally due to influence of drinking, and received the rear part of the bus as the front part of the vehicle.

As a result, the Defendant caused the victim to suffer salt and tension of the bones of wood, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, an accident photograph, a license ledger, a statement report on the situation of a driver taking driving, and a driving of alcohol;