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(영문) 서울중앙지방법원 2016.04.06 2015고단5258

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 27, 2015, the Defendant: (a) driven a non-registered crowdfunding vehicle under the influence of alcohol content of 0.166% from the day front of the non-fluence store in the trade name of the exit No. 5 located in the Southern-dong, Seoul Special Metropolitan City, to the day preceding C, on which he/she is under the influence of alcohol content of 0.16%.

2. The Defendant who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaging in driving a unregistered crowdfunding vehicle.

On May 27, 2015, the Defendant, while driving a two-wheeled vehicle while under the influence of alcohol on May 23:54, 2015, and driving a two-wheeled vehicle in front of Gwanak-gu in Seoul Special Metropolitan City on the front side of the front road from the front side of the death road, was driving again on the wind of the two-wheeled vehicle.

At the time, the victim D(31) car driven by the Defendant was in a state of stopping, waiting for the passage of the two-wheeled vehicle, and thus, the driver had a duty of care to prevent the accident of the two-wheeled vehicle from occurring due to the following reasons: (a) the driver had a duty of care to prevent the accident of the two-wheeled vehicle, such as the emergency, steering, and operating of the two-wheeled vehicle accurately; and (b) the driver had a duty of care to prevent the accident of the two-wheeled vehicle, such as the sudden protruding of the two-wheeled vehicle.

Nevertheless, the defendant neglected to drive normally due to the influence of the above drinking and neglected to coordinate the steering gear and the operation of the steering gear, and due to the negligence that did not properly operate the steering system, and received the front wheel part of the victim's car as the front wheel part of the driver's car.

Ultimately, the Defendant suffered injury to the above victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to such occupational negligence, and at the same time, damaged the victim’s car to the extent that the repair cost of KRW 2,006,730, such as the exchange of the previous panion.

3. Any person who violates the Guarantee of Automobile Compensation Insurance Act shall not be subscribed to mandatory insurance;