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(영문) 의정부지방법원 2018.05.16 2018고단678
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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 of "2018 Highest 678" is a person who is engaged in driving B Poter Cargo Vehicles.

On December 16, 2017, the Defendant was under the influence of alcohol concentration of 0.122% from the blood transfusion around 16:35 on December 16, 2017, the Defendant was running in the direction of a luminous rode direction from the direction of the desired apartment to the front side of the 97 light church 8:00 p.m. 65 p.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle after properly operating the brakes and properly checking the vehicles coming from the opposite part.

Nevertheless, the Defendant neglected to go through the opposite part of the road due to the occupational negligence going beyond the middle part of the road without reducing the speed even though it was a narrow road, while driving on the opposite part of the road beyond the middle part of the road, and stopped on the right side in order to disrupt the Defendant’s vehicle with the Defendant’s vehicle on the narrow road (45).

Ultimately, the Defendant driven a cargo vehicle without a driver's license in a state where it is difficult to drive the vehicle normally due to influence of drinking, resulting in an injury to the victim, such as salt, tension, etc. of the trend that requires approximately two weeks medical treatment.

around 16:35 on March 29, 2018, the Defendant driven B Poter vehicles without obtaining a driver's license from around 6 00 km-si 401 on the two-way road from March 29, 2018 to the two-way road from around 9 26 km-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Inquiries about the results of crackdown on driving alcohol;

1. The ledger of driver's licenses of each motor vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Regarding the legal facts of the crime, Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking) of the Act on the Road Traffic, and Article 152 subparag. 1 of the Road Traffic Act.

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