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(영문) 수원지방법원 2015.01.07 2014고단4596
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, without obtaining a driver’s license, was under the influence of alcohol content 0.195%, while driving the said motorcycle on a motor bicycle with the victim C(56 years old, south) unregistered CITY100, which was not covered by mandatory insurance, around August 13, 2014, when he was under the influence of alcohol content 0.195%. At around 00:18, around the same day, the Defendant got the front part of the said motorcycle at the right side of the road, and the victim died due to the cardiopulmonary suspension due to damage to the two dubs on the same day.

In this regard, the Defendant driven a motorcycle while under the influence of alcohol without obtaining a motorcycle driver's license, operated a two-wheeled vehicle not covered by mandatory insurance, and driven a motorcycle while it is difficult to drive it normally due to influence of drinking, thereby causing the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A traffic accident occurrence report;

1. Each photograph (Evidence Nos. 3, 4, 19, 21, 23, 28, 29, 35);

1. A corpse of corpse;

1. Each written appraisal (the sequence 31,34 of the evidence list) shall apply to statutes;

1. Relevant statutory driving for a crime without obtaining a license: Driving under Article 154 subparagraph 2 of the Road Traffic Act and Article 43 of the Road Traffic Act: The point of driving a two-wheeled motor vehicle which is not mandatory insurance under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act: The point of causing the death of dangerous driving under Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act: Article 5-11 of the Act on the Aggravated Punishment,

1. Violation of Articles 40 and 50 of the Commercial Concurrent Crimes Act (non-exclusive license) (the violation of the Road Traffic Act at the time of the market, the violation of the Road Traffic Act, the provisions of the Road Traffic Act, and the more severe punishment (the violation of the Road Traffic Act).

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