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(영문) 대전지방법원 논산지원 2017.04.25 2017고단94

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who is engaged in driving of B-II cargo.

On January 8, 2017, the Defendant driven the above cargo while under the influence of 0.123% alcohol during blood without obtaining a driver's license for a motor vehicle on January 8, 2017, and continued to drive the above cargo to the direction towards the right side of the church, which is located in 236, 190, 236, 230, 200.

Since there is a lot of intersections where the driving of a vehicle is high, a person engaged in driving service has a duty of care to accurately operate the steering system, steering system, and other devices of the vehicle, to reduce the speed prior to the entry into the intersection, and to verify whether there are vehicles crossing the vehicle, and to drive the vehicle.

Nevertheless, under the influence of such drinking as above, the defendant was faced with the part of the victim C(23) driver who was stopped in the direction of the defendant's running, and the part prior to the driver's driving of the motor vehicle of the victim C(23) driver who was stopped in the direction of the defendant's driving.

Ultimately, the Defendant suffered from the injury, such as dump dump dump, tension, etc., for each of the two weeks of medical treatment to the victim E (the age of 47) who was on the part of the victim C and the victim E (the age of 47) who was on the dump car by the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Reporting on the occurrence of a traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol (Investigation Records No. 14, 15 pages);

1. Register of driver's licenses (62 pages of investigation records);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of accident scene (the 9 through 13th page of investigation records);

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the traffic of roads;

1. Formal concurrences.