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(영문) 전주지방법원 2016.11.08 2016고단1165
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaging in driving a franchise;

On May 2, 2016, the Defendant stated in the indictment that “0.295%” is “0.296%” in the blood alcohol concentration without a driver’s license of a motor vehicle on May 22, 2016. However, according to the evidence, the blood alcohol concentration is obvious to 0.295%, and there is no substantial disadvantage to the Defendant’s exercise of his/her right to defense, and thus, is recognized without

While under the influence of alcohol, the said car was driven by driving the said car, and the E-ray intersection in front of the E-ray D at the front city of the front city was led to the bypassing the said car from the e-mailed room to the e-grain building room.

In such cases, no driver shall drive a motor vehicle without a driver's license or in a state where normal driving is difficult due to influence of alcohol, and since it is a private-distance intersection where a center line is installed, there was a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as not driving beyond the center line.

Nevertheless, the Defendant, without a driver’s license, was driven by the victim F(53 years old), who was directly driven by the victim F.F. (53 years old), due to the business negligence in the course of driving the said vehicle beyond the center line while it is difficult to drive the vehicle under the influence of alcohol due to the influence of alcohol without a driver’s license, on the front part of the car driven by the Defendant.

Ultimately, the Defendant, by occupational negligence, caused the victim FF to suffer bodily injury, such as salt, tensions, etc. in need of treatment for about two weeks, and the victim H (54 years old), who is the passenger of the victimized vehicle, to suffer bodily injury, such as salt, tensions, etc. in the field of the dog chain that requires treatment for about three weeks.

2. The accused of the violation of the Road Traffic Act and the Road Traffic Act (driving without a license) shall be at the Jeonju District Court on January 25, 2007.

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