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(영문) 수원지방법원 2017.08.17 2017노1787
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant was driving under the influence of alcohol, but did not reach a situation where normal driving is difficult due to its influence.

Nevertheless, the judgment of the court below which found the defendant guilty of the injury caused by the dangerous driving of this case is erroneous in the misapprehension of facts and legal principles.

2) The Defendant is not a person holding the instant vehicle, and thus is not responsible for a mandatory insurance policy.

However, the judgment of the court below which found the defendant guilty of violating the Guarantee of Automobile Compensation Act is erroneous in the misapprehension of facts and legal principles.

B. The punishment of the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. 1) With respect to the injury caused by dangerous driving, the summary of this part of the facts charged is a person who is engaged in driving a motor vehicle with a darburged motor vehicle.

On September 4, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.108% in blood without a driver’s license on September 4, 2016, while driving the said vehicle, and driving the vehicle on the one-lane road in front of the F-Do in E in the ethical era at the IC room south of the Republic of Korea.

In this case, the driver of the vehicle has a duty of care to safely drive the vehicle while keeping the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was in front of the Defendant’s vehicle, and the front part of the Victim G (50) driving, which was proceeding in the opposite direction when the Defendant was negligent in driving the center line, while neglecting it.

Defendant 1 suffered approximately 3 weeks from the above occupational negligence to the victim I (30 years old) who was on board the Defendant’s vehicle, such as a cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage c

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