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(영문) 수원지방법원 안산지원 2016.11.23 2016고단411

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The accused is a person who engages in driving service without registration in the case of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Death or Injury caused by Dangerous Driving), the Road Traffic Act and the Road Traffic Act;

Under the influence of alcohol concentration of 0.134% without a motorcycle driver's license, the Defendant driven the above otobba, and driven the front Baba on October 11, 2015, at the time of Silung-si, B, at the 20:25 Silung-si, the front Baba turned from the oto the coast of the otoba, the speed of 30km.

Since the above intersection is a place where no signal, etc. is installed, the driver of the vehicle who intends to enter the intersection shall yield the course to the vehicle driving from the right side of the road.

Nevertheless, the Defendant neglected to perform so under the influence of alcohol and sustained the back-of-the-hand part of the victim C driver's D's driving, which was conducted on the left-hand side from the right-hand side, due to the Defendant's negligence in the course of business, and caused the victim to suffer approximately six weeks of treatment.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which has not been covered by mandatory insurance;

Nevertheless, the Defendant operated the aforesaid unregistered climate, which was not covered by mandatory insurance, at the date, time, place, and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the police protocol of the accused;

1. C’s statement;

1. Each traffic accident report;

1. Value of the result of measurement of drinking alcohol;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes on license ledger;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 46 subparagraph 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act.