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(영문) 제주지방법원 2014.06.19 2013고단972
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[2013 Highest 972]

1. On May 20, 2013, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a 49c motor bicycle without registration, which was owned by the Defendant, on the 20-meter road on the 3rd-down 20 meters side of the Ducular movement in Jeju Island, and was not covered by mandatory insurance.

2. The Defendant driven the above motorcycle without obtaining a motorcycle driver’s license at the time and place specified in paragraph (1) of this Article, and at the same time and place specified in paragraph (1) of this Article, under the influence of alcohol concentration of 0.160%.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), the Defendant has driven the above motorcycle at the time and place specified in Paragraph 1 of the Road Traffic Act, and led to the flow of the central shooting distance from the sular distance.

At the time of night, a person engaged in driving of a motorcycle has a duty of care to prevent accidents by accurately manipulating the steering and steering gear and accurately.

Nevertheless, the Defendant was under the influence of alcohol and neglected to stop at the front of the driving direction of the Victim C Driving, which was a stop at the front of the driving direction, and received the front part of the said motorcycle.

As a result, the Defendant driven a motorcycle in a state where normal driving is difficult due to influence of drinking, and caused the victim E (the aged 57) who boarded the motorcycle on the motor bicycle for about six weeks to suffer injury, such as the right pelke, which requires treatment for about six weeks, and at the same time damaged the said vehicle to be repaired by a non-repair cost.

[2013 Highest 1409]

1. On July 26, 2013, the Defendant violates the Road Traffic Act (unlicensed Driving) and is in the Jeju-si bridge where the driver’s license for a motorcycle is in the Jeju-si drive on the road without obtaining a motorcycle driver’s license from around 22:59.

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