(영문) 서울서부지방법원 2017.11.09 2017고단1973

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2017.11.09 2017고단1973

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is engaged in driving of Churd vehicle.

On June 13, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle at around 21:00, driving the said A-to-pur motor vehicle under the influence of alcohol content 0.138% in blood while under the influence of alcohol during blood, led the Defendant to drive the said A-to-pur motor vehicle at the speed of 50km in the direction of north from the direction of north to the south.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by properly manipulating the steering gear and operating the steering gear accurately.

Nevertheless, without a driver's license, the Defendant found that the victim D(34) who had been negligent in driving in front of the first vehicle and was driving in front of the driver's license was stopped due to the No. 5, and immediately proceeded with the vehicle. However, the Defendant did not fall short of the vehicle's driver's license and shocked the back part of the vehicle's driver's license with the part of the driver's license in front of the vehicle.

As a result, the Defendant, without a driver's license, driven a hurfed vehicle in a state of difficult driving due to the influence of alcohol, and suffered from the victim about two weeks of light and hurbalum in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Statement on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

1. The driver's license ledger (A);

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a point of drinking), and Article 152 subparagraph 1 of the Road Traffic Act concerning the crime.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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