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(영문) 의정부지방법원 2016.06.29 2015고단4487
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. The defendant is a person who is engaged in driving a rocketing driver car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk), violation of the Road Traffic Act (driving) and violation of the Road Traffic Act (driving without a license).

On July 25, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 0.139% in blood without a driver’s license of a motor vehicle on July 25, 2015, and led the said vehicle to proceed in front of the sub-deheading road under the sub-deheading in both weeks, from the high-Eup bank.

At the same time, the entrance of a tunnel is located at night and at the front, so in such cases, a person engaged in driving service has a duty of care to prevent accidents due to reducing speed and thoroughly operating the steering gear and brake system at the front time, and operating it accurately.

Nevertheless, the Defendant neglected to drive a car at the front time due to influence of drinking and neglected to go back to the rear while driving, etc., and caused the Defendant to take side walls leading to the entrance of the tunnel to the front part of the vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C (26 years) who is a passenger of the said car, about about 14 weeks of treatment, such as a duball franchisium which requires approximately 14 weeks of treatment, the injury to the victim D (22 years of age) at least 3 weeks of treatment, and the injury to the victim E (20 years of age) at least 2 weeks of treatment.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the Defendant operated the said car without being covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of D and E;

1. The actual survey report;

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