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(영문) 수원지방법원 성남지원 2016.11.17 2016고단2214

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Defendant driving a two-wheel automobile without registration 125cc.

On May 1, 2016, the Defendant driven the above two-wheeled vehicle on May 1, 2017, and driven the front road of the Gyeonggi-gu Seoul Special Metropolitan City building B in order to drive the two-wheeled vehicle along the three-lanes of the 6-lane distance of the members.

In such a case, the driver had a duty of care to prevent accidents by accurately operating the operation and steering gear of the vehicle and by accurately operating the operation and steering gear of the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded as it is while under the influence of 0.199% of the blood alcohol concentration, which is the degree of influence of pedestrians and pedestrians, and turned off, and the victim C(57 years of age) waiting for a signal signal at the left side of the Defendant at the time when he was driven by the victim C(57 years of age). The Defendant received the front wheels of the Defendant’s vehicle.

Ultimately, the Defendant driving the said two-wheeled vehicle in a state where normal driving is difficult due to influence of alcohol, and inflicted injury on the victim E (the victim E (V, 55 years old) who was on board the said victim, such as salt, tensions, etc. of the string that requires a medical treatment for about two weeks, and at the same time, damaged the said victim’s vehicle by exchange of the said vehicle, etc., for approximately KRW 1,466,078 of repair cost.

2. The Defendant was driving a two-wheeled vehicle under the influence of alcohol with a blood alcohol concentration of 0.19% at a distance of about 2 km from the roads near the sports complex located in the Jung-gu, Sungnam-gu, Sungnam-gu to the places specified in paragraph 1, the Defendant committed a two-wheeled vehicle under the influence of alcohol with a blood alcohol concentration of 0.19%.

3. Any person who violates the Guarantee of Automobile Accident Compensation Act shall have no automobile covered by mandatory insurance;