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(영문) 수원지방법원 안양지원 2014.03.20 2013고단1288
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

[2013 Highest 1288]

1. On August 2, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (hereinafter “Road Traffic Act”), while under the influence of alcohol by 01:40%, the Defendant driving a C-Wnd-Wn-Wn-Wn-Wn-C-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-W

However, since at night and at all times vehicles were stopped in the air traffic signal, a person engaged in driving service has a duty of care to thoroughly manipulate the steering direction and brake system and prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected to perform the above duty of care in a situation where normal driving is difficult due to the above influence of drinking and proceeded as it is, due to the negligence on the part of the Defendant’s driver’s failure, led the victim D(52 years of age) who stops at the front line of the traffic signal at the one-lane.

At the same time, the Defendant damaged the victim’s car to the extent that the repair cost, such as the exchange of 1,756,883 won, to the extent that the Defendant suffered from the victim’s left-hand dynasium for about two weeks of medical treatment due to such occupational negligence.

2. The Defendant driven the said car under the influence of alcohol level of 0.112% at the same time and place as set forth in paragraph (1) of this Article.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the said car without mandatory insurance at the same time and place as stated in paragraph (1).

[2013Kadan1355] On May 6, 2007, the Defendant paid KRW 3 million to the victim's money, despite the absence of the intent or ability to arrange a loan for the purpose of the victim F, in a mutually unsound restaurant located in Yeongdeungpo-gu, Young-dong, Young-gu, Young-gu, Seoul.

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