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(영문) 대구지방법원 2016.04.28 2016고단451
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On November 27, 2012, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court and racing support on November 27, 2012, and a fine of KRW 5 million for the same crime in the same court on December 26, 2012.

1. On October 21, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the danger), violation of the Road Traffic Act (driving without a license), violation of the Road Traffic Act (driving without a license), and violation of the Road Traffic Act without obtaining a driver’s license on a motor vehicle from October 21, 2015. The Defendant was placed in front of the front part of the vehicle belonging to the Defendant: (a) while driving a B EM motor vehicle under the influence of alcohol level of 0.149% while driving the vehicle under the influence of alcohol level of 0.149%; (b) he was under the influence of alcohol level; (c) was under the influence of alcohol on the part of the vehicle belonging to the Defendant: (d) while he was under the influence of alcohol on the part of the vehicle belonging to the Defendant, who was under the influence of alcohol level of 1587, was under the influence of alcohol level; (d) while he was under the influence of alcohol to the front part of the vehicle belonging to the Defendant.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, caused the above accident to the victim E (45 years) who was on board the head of the Defendant’s vehicle, thereby causing injury to the victim E (45 years) such as credit booming c, in need of 8 weeks of treatment, suffered from the victim C’s injury such as light c, tensions and tensions, etc. in need of 2 weeks of treatment, and at the same time, damaged the above city bus owned by the victim Youngcheon-do traffic to repair it.

2. No owner of an automobile violating the Guarantee of Automobile Compensation shall operate any automobile on a road which has not been covered by mandatory insurance;

Nevertheless, the Defendant operated the said M&A car that was not covered by mandatory insurance at the same time and place as above on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement 1.3

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