(영문) 전주지방법원 남원지원 2018.04.24 2017고단288

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(영문) 전주지방법원 남원지원 2018.04.24 2017고단288

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

Reasons

Punishment of the crime

On October 25, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on September 24, 2015, and was sentenced to a fine of KRW 4 million for the same crime in the Chang-gu District Court on September 24, 2015 and was sentenced to a fine of KRW 4 million for the same crime on September 24, 2015.

On September 17, 2017, around 19:25, the Defendant: (a) driven a vehicle C-wing truck without a driver’s license while driving the vehicle, driving the vehicle, driving the vehicle with the vehicle C-wing freight, driving the vehicle in bulk, driving the vehicle into the Agricultural Bank of Korea on the surface of the water in mountain, in a state where it is difficult for the Defendant to drive the vehicle normally, and driving the vehicle, driving the vehicle with the vehicle C-wing freight without a driver’s license, driving it on the side of the air.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes while looking at the right and right of the driver of the motor vehicle.

Nevertheless, the defendant neglected this and failed to properly operate the steering direction and brakes due to the negligence that he was in the influence of alcohol and failed to operate the steering direction and brakes properly, left the road while the above cargo was on a wind bridge, and cut down on the bridge below the bridge.

The Defendant, without a driver’s license, driven a motor vehicle under the influence of alcohol which makes it difficult to drive the motor vehicle normally due to the influence of alcohol, and suffered injury to the victim D (the 58 years of age) who was on the top of the foregoing cargo vehicle, such as approximately 6 weeks to 8 weeks of high pressure, which requires approximately 6 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The driver's license ledger;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. A traffic accident report;

1. On-site photographs;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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