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(영문) 전주지방법원 2018.05.15 2018고단174
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

1. The Defendant is also a person who is engaged in driving a car C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 23, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle on December 23, 2017, 00:45, was under the influence of alcohol with 0.153% of alcohol content in the blood while he was under the influence of 0.153%, and was under the influence of 153% in the Jeonjin-gu, Seoul Special Metropolitan City (after seal), with one-lane of the three-lane two lanes in front of the enclosed point in the Hanjin-gu, Seoul Special Metropolitan City.

In such cases, all drivers are prohibited from driving a motor vehicle while normal driving is difficult due to influence of alcohol, from driving a motor vehicle without a driver's license, and have a duty of care to prevent accidents by safely driving a motor vehicle, such as keeping the traffic situation well and accurately operating steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant got off the back part of the DM7 vehicle driven by the victim C(42) who is under a stop for signal waiting at the front of the above vehicle due to negligence in the course of duty, and due to the shock, the Defendant got off the front part of the FS7 vehicle driven by the victim E(W7) who is under a stop for the signal waiting in front of the vehicle.

Ultimately, the Defendant, by negligence in the course of driving a vehicle without a vehicle driver’s license in a situation where normal driving is difficult due to influence of drinking, suffered injury to the victim C, such as dynasium, tension, etc., in need of a stability and medical treatment for about two weeks, and injury to the victim G (hereinafter 47) who was on board the vehicle, such as dynasium, tension, etc., in need of a preservation and observation for about three weeks, and injury to the victim E and the victim H (25 years) who was on board the vehicle, in need of a stable medical treatment for about two weeks.

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