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(영문) 의정부지방법원 2018.05.01 2018고단414
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for nine 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 is a person who is engaged in driving of a motor vehicle B, C, and C.

On November 21, 2017, the Defendant driven the above cargo with alcohol level of 0.156% while under the influence of alcohol without a driver's license of a motor vehicle on November 21, 2017, and led to a non-speed distance between the two-lanes between the two-lanes between the two-lanes between the two-lanes between the two-lanes and the two-lanes between the two-lanes between the two-lanes.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering and steering devices of the motor vehicle and to prevent accidents.

In addition, under the influence of alcohol, the Defendant was under the influence of alcohol, and the body was in the difficult condition to drive normally, such as a string distance, and the Defendant also was under the real name of the right eye and was under the influence of 0.4 degrees in the left eye and did not obtain a license due to the vision. Therefore, the Defendant was prohibited from driving.

Nevertheless, the Defendant was negligent in driving while driving the vehicle as it is, and was negligent in driving the vehicle on the front side of the same lane, and was driven by the victim C(48 S) who was parked for the signal waiting at the same lane on the same lane as that of the Defendant’s driving vehicle, and the part of the driver was driven in front of the Defendant’s driving vehicle.

Ultimately, the Defendant driven the above cargo without a driver’s license while under the influence of alcohol, and driving the above cargo while it is difficult to drive the vehicle normally due to influence of alcohol, resulting in the Defendant’s injury to the victim, such as the climatic salt, tension, etc. for about two weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of victim C;

1. A survey report on actual condition, on-site photographs, report on detection of main drivers, copy of investigation report (the circumstantial report of the main drivers), and the ledger of driver's licenses;

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

1. Relevant provisions of the Act concerning facts constituting an offense;

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