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(영문) 대전지방법원 2018.11.29 2018고단2904
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 who is engaged in driving a Clearning car.

On May 24, 2018, the Defendant was under the influence of alcohol level of 0.186% in blood without obtaining a driver’s license for a motor vehicle on May 24, 2018, and was under the influence of at least 0.186% in the blood, Seo-gu, Daejeon Metropolitan City Highway A, Seo-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul Metropolitan Highway A, bypassing the intersection of the 3rd intersection from the right side of the monthly elementary school to about

A person engaged in driving of a motor vehicle has a duty of care to properly operate the steering gear and operation of the steering gear and operation system by properly viewing the right, the right, and the right, and the right and the right.

Nevertheless, the Defendant neglected to do so and avoided the right side part of the E-Wz car, which was driven by the victim D(W, 55 years old) who was going straight ahead of the first lane while under the influence of alcohol, was driven by the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Traffic report (1) (2) , photograph of drinking alcohol measurement, report on detection of drivers of drinking alcohol, inquiry into the results of crackdown on driving alcohol, report on the circumstances of drivers of drinking alcohol, investigation report (report on the circumstances of drivers of drinking alcohol), application of Acts and subordinate statutes to the ledger of drivers' licenses of motor vehicles;

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 a dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime, Articles 152 subparagraph 1 and 43 of the Road Traffic Act (referring to the act of driving a motor vehicle without a license) concerning the traffic;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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