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(영문) 대전지방법원 천안지원 2015.10.30 2015고단877

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 (Death or Injury caused by Dangerous Driving) is a person engaging in driving a vehicle B benzK200;

On January 3, 2015, the Defendant, while under the influence of alcohol on 04:30% of blood alcohol level, proceeded at approximately 70 km in Si/Gun/Gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, with the distance of statistical office space from Lone Star-gu to the gate of the office located in the Seocheon-gu, Seo-gu, Incheon-do, as one-lane between the two-lanes.

At this point, there was a cross-section with red signalling devices, so in such a case, there was a duty of care to check and proceed with the safety of traffic by temporarily stopping the vehicle to the person engaged in driving business before entering the intersection.

Nevertheless, while under the influence of alcohol, the Defendant did not temporarily stop the red signal, but proceed at the same speed, and the part of the victim C(56 years old) driver’s left-hand door of the victim C(56 years old) driving, which was proceeding from the right-hand side of the vehicle of the Defendant, was taken into account as the right-hand part of the said Defendant’s vehicle.

As such, the Defendant suffered injury, such as the left-hand body 5, 6 cage cage cage cages, etc., which requires approximately six weeks of medical treatment due to driving under the influence of alcohol.

2. On January 3, 2015, the Defendant, as a holder of a motor vehicle B B BenzLK200, driven the said motor vehicle at a 1 km quantity from the front day of the Lone Star club in the Seo-gu Seo-gu, Seo-gu, Seoan-gu to the intersection of statistical office distance in the same Dong, without purchasing the mandatory insurance for the motor vehicle. On January 3, 2015, the Defendant was under the influence of 0.136% of blood alcohol content.

3. Any person who takes over a motor vehicle registered in violation of the Automobile Management Act shall file an application for registration of transfer of ownership with the Mayor/Do Governor;