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(영문) 대전지방법원 2014.01.10 2013고단4232
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

On May 26, 2010, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Daejeon District Court, and on October 16, 2013, the Defendant was sentenced to a fine of KRW 4 million as a crime of violation of the Road Traffic Act at the Daejeon District Court.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), Violation of the Road Traffic Act (Driving without a license) and Violation of the Road Traffic Act (Driving without a license) were driven on September 17, 2013 by the Defendant without obtaining a driver’s license on September 21, 2013, and the Defendant tried to drive the D body-man car to the above 107-lane of the said 107-lane while under the influence of alcohol level 0.165% of alcohol level.

There have been a lot of crossings for vehicles, and the defendant engaged in driving of the vehicles had a duty of care to operate the brakes safely by properly manipulating the brakes while keeping the surrounding traffic condition well.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not live well in the state of traffic, and by the negligence of proceeding as is, entered the intersection from the left side of the Defendant’s running direction to the right side, and was driven by the victim E (the age of 28) on the right side of the driver’s vehicle driving by the Defendant.

As a result, the Defendant driven the above knee-man car in a situation where normal driving is difficult due to influence of drinking, resulting in the victim's kne-knee in need of approximately two weeks of treatment.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of the foregoing vehicle, and the Defendant’s automobile owned by the Defendant was not covered by mandatory insurance from July 16, 2012. While anyone was prohibited from operating a motor vehicle on the road on which the mandatory insurance was subscribed, the Defendant is as above.

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