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(영문) 제주지방법원 2015.01.28 2014고정814
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who is engaged in driving automobiles by the defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act;

On August 8, 2010, at around 06:55, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.244%, and the Defendant was driving the said car with a view to a view to a point of GS25 ccifier at the cBS broadcasting station in front of the CBS broadcasting station which is linked at Jeju city.

Since there is a place where traffic is not controlled, a person engaged in driving service has a duty of care to check whether there is a vehicle crossing by temporarily stopping or reducing the speed.

Nevertheless, as the Defendant neglected to drive normally due to the above influence of alcohol and neglected to do so, the Defendant did not discover the victim C (the 29-year-old) driving car entering the intersection from the room to the intersection, and did not find the victim C’s driving car. The part in front of the Defendant’s driving car, which was the front part of the victim’s driving car, was the front part of the victim’s driving car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as cerebral typosis, which requires two weeks of medical treatment, to the victim.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a passenger car.

Although a motor vehicle not covered by mandatory insurance is prohibited from being operated on the road, the defendant operated a motor vehicle without mandatory insurance on August 8, 2010 on the road front of the CBS Broadcasting Station, which is linked to Jeju, around 06:55.

Summary of Evidence

1. Results of administrative disposition of driver's license;

1. Application of Acts and subordinate statutes to police opinions;

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

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