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(영문) 울산지방법원 2019.01.25 2018고단3290
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving two cargo vehicles B.

On July 14, 2018, at around 14:47, the Defendant, without a driver’s license, driven the freight at about 1km section from the D Hospital located in Ulsanbuk-gu, Ulsan-gu, to the third party located in the Dong-dong in the same city, while under the influence of alcohol by 0.242% of the blood alcohol concentration without a driver’s license, and proceeded from the upper radiation distance to about 60km along the speed of the slowly.

Since there is a place where the passage of a vehicle is frequent, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to influence of drinking, a thorough driving of the motor vehicle, and a person engaged in driving of the motor vehicle has a duty of care to drive the motor vehicle safely by accurately manipulating the steering gear, brake system, etc.

Nevertheless, the Defendant neglected to drive the vehicle without a driver’s license while driving the vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking such as influence, rhym, red, and so on. The Defendant was negligent in driving the victim E(52 years old) driving on the front side of the same lane, and received the part of the driver’s vehicle in front of the Defendant’s freight.

Ultimately, the Defendant driving the said cargo in a state where it is difficult to drive the vehicle normally due to influence of alcohol, resulting in injury to the said victim E, such as salt, tensions, etc. of a trend requiring a medical treatment for about three weeks, and resulting in injury to the victim G (V, 48 years old) boarding the said high-speed car operation group, such as salt, tensions, etc. of a trend requiring a medical treatment for about three weeks, and driven the said vehicle without a driver’s license while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Traffic accident reports, reports on the results of the control of drinking driving, reports on the state of drinking drivers, reports on the state of standing and statement, and registers of driver's licenses;

1. Each of the laws and regulations shall apply.

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