beta
(영문) 수원지방법원 2016.12.21 2016고단6538

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. The accused is a person who is engaged in driving a motor vehicle by violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), the Road Traffic Act, and the Road Traffic Act;

On December 26, 2015, at around 05:30, the Defendant driven the said car while under the influence of alcohol of 0.220%, and driven the two-lane road at the entrance of the Dob-dong, which is located at the port of the Jeju Island, along the two-lanes from the boundary of the separate gas station from the distance of the mother death.

At that time, since the DNA observer car driven by the victim C(34 years old) was a stop in the signal atmosphere, there was a duty of care to prevent accidents by properly manipulating the front door and operating the brake and steering gear accurately.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the car driving by the Defendant’s negligence after driving the observer car while neglecting it.

Ultimately, the Defendant driven the said gender car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and at the same time, damaged the said observer car to the extent that the repair cost, such as the exchange of pans, was 3,407,776 won.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of B gender car.

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

Nevertheless, the Defendant operated the said car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Response to the request for appraisal;

1. Mandatory insurance policies;

1.Each.