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(영문) 의정부지방법원 고양지원 2017.03.09 2017고단88
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 a period of 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 vehicles.

On November 18, 2016, the Defendant, without a driver's license, driven the above cargo with a alcohol level of 0.217% in blood while drunk, and proceeded with the typology of 148-53, on the right side, from the right side to the right side of the revolving the typology of the typopic typoid, located in the 148-53 Sinju-Gu, Seosan-si.

In this case, the driver of a motor vehicle has a duty of care to properly see the front side and left side and the left side, and accurately manipulate the steering gear and brake system, to prevent the accident from occurring.

Nevertheless, the Defendant, at the time of driving a stroke in a state where normal driving is difficult due to the influence of drinking, was faced with the front part of the Defendant’s vehicle in front of the Defendant’s vehicle, who entered the stroke in the mountain room of the stroke and moved back from the stroke to the stroke of the above stroke.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim C such as salt, tensions, etc. in the light of the 20-day medical treatment on the part of the victim E (the 50-year-old age-old) who was on the car in the T-gu passenger car, suffered from the injury of the climatic base, etc. requiring approximately three-day medical treatment on the part of the victim F (the 60-year-old age-old age-old), the injury of the climatic base, tensions, etc. requiring approximately two-day medical treatment on the part of the victim F (the 5-year-old age-old-old-old-old-old-old-old-year-old-old-old-old-old-old-old-old-old-old-old-old-old-old-gu

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each written diagnosis;

1. Investigation report on actual condition, report on the situation of a driver driving, notification of the results of crackdown on drinking, application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the crime, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (referring to the act of driving a motor vehicle without a license) concerning the crime;

1. Commercial concurrence;

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