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(영문) 의정부지방법원 2018.06.27 2018고단772
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 engaged in driving three cargo vehicles in sealed B.

On October 23, 2017, the Defendant, while driving the said vehicle under the influence of alcohol by 0.235% without a driver’s license of a motor vehicle, was stopped in order to move the three-distance to the right of a water level and the right of a water level of a water level of a water level of a water level of a motor vehicle in order to move to the right of a water level of a water level of a water level of a motor vehicle in order to keep the water level of a water level of a water level of a water level of a water level of a motor vehicle.

A person engaged in driving of a vehicle has a duty of care to safely drive the vehicle, such as preventing accidents by accurately operating the steering system, brakes, and other devices of the vehicle.

Nevertheless, the Defendant neglected to stop so that he was under the influence of alcohol and failed to properly conduct the balk ped during the stop, and caused the vehicle to be pushed behind, and thereby, the Defendant was under the influence of the Defendant’s driver’s vehicle C (e.g., the victim C (e., the 34 years old) who was under the stop to wait for the progress of the Defendant’s driver’s vehicle behind the Defendant’s vehicle.

결국 피고인은 자동차 운전면허 없이, 술에 취하여 음주의 영향으로 정상적인 운전이 곤란한 술에 취한 상태에서 위 화물차를 운전하여 피해자 C에게 약 2 주간의 치료가 필요한 경추의 염좌 및 긴장 등의 상해를, 위 쏘나타 승용차 동승자인 피해자 E(2 세 )에게 약 4 주간의 치료가 필요한 야제( 夜啼) 의 상해를 각각 입게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A damage statement prepared in C;

1. Reporting on the occurrence of a traffic accident;

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

1. The driver's license ledger;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and Article 152 subparagraph 1 of the Road Traffic Act.

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