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(영문) 인천지방법원 2012.11.28 2011고단7290

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On December 2, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), violation of the Road Traffic Act (driving of Drinking), and the Road Traffic Act (hereinafter referred to as the “Act on the Aggravated Punishment, etc.”) and the Defendant were under the influence of alcohol of 0.208% of alcohol concentration in blood on December 23, 201, while driving a bpppon vehicle at a speed of about 20km in speed from the right angle to the viewing on the side of the south-gu Incheon Metropolitan City along the two-lane road in front of 901.

At this time, the Defendant neglected to drive the steering gear in a state where normal operation is difficult due to influence of alcohol while he neglected to do so in a state where normal operation is difficult due to the influence of alcohol, and thereby changed the lane into a one-lane in the same direction. The Defendant received the front part of the right side of the DNA learning vehicle driven by the victim C (I am, 39 years old) who is driving in the same direction in the same direction.

Thus, the defendant suffered injury to the victim E (the age of 18) who boarded the victim C and the above-learning passenger car, respectively, for about two weeks of medical treatment, and at the same time, damaged the above-learning passenger car by approximately KRW 1,020,920 of repairing cost.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, at around 23:35 December 2, 201, the Defendant operated Bpppon car owned by the Defendant on the roads of 901, Nam-gu, Incheon, Nam-gu, Incheon, Nam-dong 901 without purchasing mandatory insurance.

Summary of Evidence

1. Statement of the police statement regarding C;

1. A written statement;

1. A report on the occurrence of a traffic accident, on-site map, actual condition survey report, and photograph;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. The credit bureau and the mandatory insurance association;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 148-2 Subparag. 1 and Article 44 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) regarding criminal facts.