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(영문) 서울북부지방법원 2017.06.20 2017고단1713

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a registered diaper without a license plate 124cc. in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and in violation of the Road Traffic Act.

On April 10, 2017, the Defendant, while under the influence of alcohol content of 0.137% during blood transfusions on April 23:25, 2017, continued the front road B in front of the Seoul Southern-gu, Seoul, as the U. S. S. S. S. S. S. outflow.

At the time, there is difficulty in securing the vehicle at night. In such a case, there was a duty of care to prevent accidents, such as making a person driving the vehicle well sees the right and the right and the right, and accurately manipulating the steering direction and the brake system, etc.

Nevertheless, the Defendant neglected to drive normally due to influence of drinking and caused the negligence on the road by neglecting it, and caused the buckbucks of the victim C(27 tax) on the road. The Defendant shocked the front part of the bucks.

Ultimately, the Defendant suffered injury to the victim, such as finite finites, in need of approximately two weeks of medical treatment, due to such occupational negligence.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a person who has an objection to the registration without a number of 124cc.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A report on the self-violation of an offense;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act;

1.Article 40 of the Criminal Code of Trade and Trade.