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(영문) 전주지방법원 2016.03.22 2015고단1271
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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 July 16, 2015, the Defendant: (a) driven a CM7 car owned by the Defendant under the influence of alcohol concentration of about 0.183% from the 1km section to the front road of the Jinjin Park, Jinjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, to the front road of the Jinjin-gu Special Metropolitan City attached to the same Gu, which is located in the same Gu.

2. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before danger) and the Road Traffic Act, which is owned by the Defendant, engaged in driving of the said SM7 car.

On July 16, 2015, at around 03:15, the Defendant, while under the influence of alcohol, was unable to drive normally due to the influence of drinking, such as red and rhymhym, but driving of the said vehicle, the Defendant driven the said vehicle and driven the road prior to the discharge hospital, which was located on the luminous seat of the Jinjin-gu in Jeon-gu in Jeon-gu, Jeon-gu, Seoul, along the two parallels of the two-lanes of the two-lane.

In such cases, the driver has a duty of care to thoroughly operate the front-time and the operation of the operation system accurately.

Nevertheless, the Defendant neglected this and proceeded ahead of it in the same direction as it was under the influence of alcohol as above, and stopped on the left left-hand side of the Defendant’s vehicle, and took the right-hand side part of the FMW X3 vehicle owned by the Victim E, driving by the Defendant, and received the right-hand side part of the FMW X3 vehicle as the left-hand front part of the said SM7 vehicle.

Ultimately, the Defendant suffered injury to the said D, such as salt, tensions, etc. requiring approximately two weeks of treatment due to the foregoing occupational negligence, and damaged the said BMW X3 vehicle to the sum of 13,329,324 won.

3. The owner of an automobile who has violated the Guarantee of Automobile Compensation Insurance Act, shall not buy mandatory insurance; and

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