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(영문) 대전지방법원 논산지원 2016.09.27 2016고단257
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The accused is a person who is engaged in driving a Karen car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused before the risk), the violation of the Road Traffic Act (driving) and the Road Traffic Act;

On April 24, 2016, the Defendant driven the said car under the influence of alcohol concentration of 0.233% during blood transfusions on April 24, 2016, and led to two-lanes on the side of the two-lanes in front of the tax accountant distance at the Yansan-dong, Seosan-dong, Seoul.

In such cases, a person engaged in driving service has a duty of care, such as driving according to the structure and performance of the vehicle, and operating the steering system, brake system, and other devices of the vehicle accurately.

Nevertheless, under the influence of the above drinking, the Defendant was at the part of the victim C (the 41-year-old driver), who was stopping in front of the traffic direction of the Defendant as a part of the driver in front of the above car in a situation where it is difficult for the Defendant to drive the vehicle normally due to the above influence of drinking, and received the part behind the driving of the victim C(the 41

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim C such as salt, tensions, etc. in need of approximately two weeks of medical treatment on the part of the victim E (10) who is the passenger, and suffered injury such as salt, tensions, etc. in need of medical treatment for about two weeks, and damaged the said car to the extent of KRW 4,037,847.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person holding B car rental car.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the defendant operated the car without mandatory insurance at the time and place of Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of crackdown on driving of alcohol and statement of the circumstances of the driver in charge;

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