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(영문) 인천지방법원 부천지원 2019.07.11 2019고단1280
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who runs driving business BCA 110EM on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On March 15, 2019, at around 19:45, the Defendant driven the otoba while under the influence of alcohol with 0.140% of the blood alcohol concentration, and driven the two-lane road of the obabab in the direction of the Da-si in Busan Metropolitan City along the two-lanes from the Da elementary school to the E elementary school, and changed the lane.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering and operating the steering system well, and to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive normally due to the influence of alcohol such as a little red and unabsing, was driven by the Victim FF (hereinafter referred to as 65 years old) who was driving normally at the right side of the vehicle Gi30 which was driven by changing the lane and driving normally at the first lane due to the negligence of driving.

As a result, the Defendant driven the above Oral boom in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the Defendant, such as climatic salt, which requires approximately two weeks of medical treatment.

2. Around 19:40 on March 15, 2019, the Defendant driven BCA 110E in a section of about 5km from the influoral fluoral area in the influoral fluoral zone in Bupyeong-si to the influoral road in the direction of 0.140% of the blood alcohol content.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which has not been mandatory insurance;

Nevertheless, at around 19:40 on March 15, 2019, the Defendant operated the BCA110E Bab, which was not covered by mandatory insurance from Non-Sacheon-si Sacheon-si to Non-Sacheon-si's roads.

(i) the evidence;

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