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(영문) 의정부지방법원 고양지원 2013.04.11 2013고단62
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving), Violation of the Road Traffic Act (Free Driver's License) and the Road Traffic Act (Free Driver's License) were driven without obtaining a driver's license on November 30, 2012 by driving a vehicle BS5 (SM5) with a blood alcohol concentration of 0.155% under the influence of alcohol around 23:15 on November 30, 2012 and then driving the vehicle at a speed of two-lanes in front of the Cheongyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

In this case, a person engaged in driving of a motor vehicle has a duty of care to ensure safety distance that can be avoided in the event of the suspension of the vehicle with the highest speed by reducing speed and taking into account the front side.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it and without examining the front, and the Defendant was found to have committed an offense behind the above lush vehicle, which was in the atmosphere of the above IM5 car, with the top part.

As a result, the Defendant suffered injury to the victim, such as salt dump, tension, etc. in a state where normal driving is difficult due to the influence of drinking, which requires approximately three weeks of medical treatment due to such occupational negligence.

2. No motor vehicle owner who violates the Guarantee of Automobile Loss Act shall operate any motor vehicle on a road on which no mandatory insurance is subscribed.

Nevertheless, the Defendant operated the said IM5 car that was not covered by liability insurance at the same time and place as in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the actual state of the driver;

1. A written report from an employee of an employer;

1. The actual condition of traffic accidents;

1. On-site and vehicle photographs;

1. A medical certificate;

1. Registers of driver's licenses;

1. The next inquiry shall be 1.

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