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(영문) 광주지방법원 2018.01.23 2017고단4907
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 a motor device bicycle, electric kick.

On September 23, 2017, the Defendant, without obtaining a driver's license of a motor vehicle on around 21:40, proceeded with the sidewalk located in front of Gwangju Mine-gu C in the state of drinking of 0.273% alcohol level in the blood alcohol level without a driver's license of a motor vehicle at around 21:40, with a monthly string distance from the room of the grain market in the middle of Gwangju Mine-gu, the Defendant driven the above 10km at a speed of about 10km.

At that time, there is a sidewalk for pedestrian traffic, so in such cases, a person engaged in driving service has a duty of care to refrain from operating a motor vehicle, etc. by reporting.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in walking the victim D (Taking, 22 years of age) on the front of the said kick, and going on the sidewalk as they were, and got the victim E (45 years of age) to take the left part of the victim E (45 years of age) away from the left part of the running direction of the Defendant, and caused the victim E to go beyond the floor, and caused the victim E to go beyond the floor, and caused the victim D to fall off from the said kick, thereby causing the victims to suffer injury, such as the dump, tension, etc., for about two weeks of medical treatment.

As a result, the Defendant, without a driver's license, driven the electric kick, which was difficult to drive normally due to the influence of drinking, caused the injury of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and D;

1. A survey report on actual conditions;

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

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (referring to driving without a license) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment;

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