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(영문) 대구지방법원 2016.07.21 2016고단2691

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On October 19, 2010, the Defendant issued a summary order of KRW 2 million to a fine of KRW 3 million for a crime of violating road traffic laws at the Daegu District Court on December 3, 2014, a summary order of KRW 3 million for a crime of violating road traffic laws at the Daegu District Court on December 3, 2014, and a summary order of KRW 5 million for a crime of violating road traffic laws at the Daegu District Court on March 4, 2016, respectively. On May 26, 2016, the Defendant appealed to a probation order of KRW 5 million for a crime of violating road traffic laws at the Daegu District Court on July 26, 2016, and was sentenced to a stay of execution for 8 months for a crime of violating road traffic laws (driving) at the Daegu District Court on May 26, 2016.

[Criminal facts]

1. The defendant is a person who is engaged in driving on the 49cc large-scale oc occ, without numbers, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by danger), the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (unlicensed driving).

On April 25, 2016, the Defendant, without obtaining a driver’s license for a motor device bicycle, driven the above otoba while under the influence of 0.115% alcohol during blood, led the Defendant to drive the above oba while driving the oba, thereby driving the front sidewalk of the H restaurant G located in Daegu Northern-gu, Daegu, at the ebbal speed from the side of the obal.

At the time, it was night, and there was a duty of care to not drive a sidewalk while under the influence of alcohol to a person engaged in driving service.

Nevertheless, the Defendant neglected to operate a sidewalk and found the victim I (57 3) who was booming on the sidewalk due to the negligence of operating the sidewalk while under the influence of alcohol, and failed to avoid it, thereby becoming the victim with the part of the left hand of the above breath.

As a result, the Defendant driven the above Oral boom in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump for about two weeks in need of medical treatment.

2. Any person who violates the Guarantee of Automobile Compensation Insurance Act shall not subscribe to mandatory insurance;