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(영문) 의정부지방법원 고양지원 2014.09.26 2014고단795
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. Around 01:30 on October 8, 2013, the Defendant driven a CMW car under the influence of alcohol content 0.170% in the state of alcohol, from the Do in front of the dialogueed Do in Yongsan-gu, Yongsan-gu, Yongsan-si to the front of the 19 apartment complex of the same Gu-dong-dong-dong, Seoyang-si, the Defendant driven a CM car under the influence of alcohol content 0.170%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Defendant is a person engaged in driving the said BMW car;

The defendant driving the above car at the time and time specified in paragraph (1) and led to the left turn from the direction of the dialogue road to the main street.

The Defendant, as a result of the negligence of violating the signal while driving a motor vehicle in a state of difficulty due to influence of drinking, caused the victim's knife part of the victim D (year 41)'s knife in front of the right side of the said BMW motor vehicle by driving the motor vehicle to the direction of the knife, and damaged the victim's knife at the right side of the said BM motor vehicle. At the same time, the Defendant damaged the above knife motor vehicle to the sum of the repair cost of KRW 2,078,582.

3. The defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of the above BMW car, and no automobile which is not covered by mandatory insurance shall be operated on the road; and

Nevertheless, the suspect operated the automobile which was not covered by mandatory insurance on the road at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on detection of drinking drivers, a mandatory insurance bureau, a medical certificate, and an application for motor vehicle parts;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the Road Traffic Act concerning the crime.

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