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(영문) 대전지방법원 서산지원 2018.07.11 2018고단380
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On January 12, 2009, the Defendant was sentenced to a fine of KRW 2.5 million by the Changwon District Court due to a crime of violating the Road Traffic Act (drinking), and a fine of KRW 4 million by the same court on July 6, 2009 due to a crime of violating the Road Traffic Act (drinking).

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On March 11, 2018, while under the influence of alcohol 0.172% during blood transfusion, the Defendant driven the above cargo vehicle without obtaining a driver's license, and driven the three-lane 4-18-3-lane 4-3-lane 4-3-gil, Jin-si, Busan Special Metropolitan City, the Manjin-si, and the Han-do 3-lane 80-km at the speed of 80-km in accordance with the Jin-si, Hyundai Steel, Inc., Ltd., in the IC room in Jin-si, Jin-si, Seoul Special Metropolitan City.

In this case, a person engaged in driving of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive a motor vehicle without obtaining a driver’s license while driving the motor vehicle and neglected to drive the motor vehicle, thereby causing injury to the victim D (51) of the victim D (51) of the motor vehicle driven by the motor vehicle in front of the Defendant, taking the back part of the motor vehicle in front of the Defendant’s cargo and resulting in injury to the victim F (52 years old) of the victim, who was accompanied by the said motor vehicle, to the victim F (52 years old), who did not have two common conditions in order to provide medical treatment for approximately two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each medical certificate, notification of the results of regulating drinking driving, the ledger of driver's license, and the report of traffic accidents (the actual survey report);

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the same kind as the suspect) statute;

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

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