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(영문) 대구지방법원 2018.11.16 2018고단4000

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

Reasons

Punishment of the crime

1. The defendants who violate the Act on the Aggravated Punishment, etc. of Specific Crimes, violate the Road Traffic Act, and the Road Traffic Act are those engaged in driving vehicles B;

On August 22, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.170% during blood transfusion, and led the Defendant to proceed with the “D” front of the “D” road in Busan City at the time of Gyeongsan City in the same time as the Si Jin Eup area at the flood.

Since there is a road where the passage of vehicles is frequent, there was a duty of care for those engaged in driving vehicles to drive safely by accurately operating the steering and steering devices.

Nevertheless, the Defendant neglected to drive the front road in the situation where it is difficult for the Defendant to drive the vehicle under the influence of alcohol, such as being unable to walk properly, and due to the negligence of the centering on the center line, received the front part of the vehicle of the Defendant E(46) driving vehicle in front of the left part of the vehicle of the victim E(46) driving.

As a result, the victim suffered from the “two-month medical treatment” due to the above occupational negligence, and damaged the said cargo vehicle in a amount equivalent to KRW 5,253,460.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant owned B EM vehicles not covered by mandatory insurance, and operated the said EM vehicles at the time and place specified in the foregoing paragraph (1).

Accordingly, the defendant operated a vehicle that is not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. A medical certificate;

1. Details of damage adjustment;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement of the circumstances of the driver at home and investigation report (the situation of the driver at home).