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(영문) 서울동부지방법원 2019.09.20 2019고단2312

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

Criminal facts

1. On June 5, 2019, at around 12:05, the Defendant: (a) operated Ebbbric trucks under the influence of alcohol concentration of about 0.153% without obtaining a driver’s license in a section of approximately 189 meters, until he/she reaches the front road of Songpa-gu Seoul, Songpa-gu, Seoul; (b) around 12:05, the Defendant was driving the Ebric trucks under the influence of alcohol concentration of about 0.153%.

2. The defendant is a person who is engaged in driving a motor vehicle in compliance with the Act on the Aggravated Punishment, etc. of Specific Crimes;

피고인은 2019. 6. 5. 12:05경 혈중알코올농도 0.153%의 술에 취한 상태로 위 화물자동차를 운전하여 경기 하남시 B에 있는 ‘C’ 음식점 앞 차선 없는 도로를 직진하여 진행하던 중 서울 송파구 D 앞 편도 5차로 도로와 만나는 ‘ㅜ’자형 교차로에 이르러 오륜사거리 방면으로 우회전하여 진행하게 되었다.

Since there is an intersection where a signal, etc. is not installed, there was a duty of care to proceed in such a way that a person engaged in driving of a motor vehicle should reduce the speed and prevent the progress of another motor vehicle in a way that well sees the left and right of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim F (the age of 43) who was driven by the victim F (the age of 43) who was driving on the right side from the left side due to the negligence of reducing the speed and not living well the right and the right and the part on the right side of the Gunst Motor Vehicle was left side of the Defendant’s above truck.

Ultimately, the Defendant driven the said truck in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as a hot spring, in which there is no room to treat the victim for about two weeks open.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the occurrence of a traffic accident prepared F;

1. A traffic accident report;

1. Photographs;

1. The register of driver's licenses, and