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(영문) 서울북부지방법원 2014.11.20 2014고단3359
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 21, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), the Guarantee of Automobile Accident Compensation Act, and the Road Traffic Act (hereinafter referred to as “the Road Traffic Act”) and driving a motor vehicle by driving the motor vehicle which was not mandatory insurance for business as of July 21, 2014, and driving the motor vehicle, and driving the two-lanes of the three-lane road in front of the Eju station located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, a two-lanes of the three-lanes of the three-lane road in front of the Eju station in Seoul Special Metropolitan City, directly moving from the airside basin to the river basin, with red and snow shocking, etc., while it is difficult to drive the motor vehicle normally due to the influence of drinking, the victim F (38 years old) driving the Gren car in front of the central line, resulting in injury to the right side part of the motor vehicle, and caused damage to the victim H car owned by the victim 67 15 and 75 h.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) on the same day: (a) the Defendant refused to comply with a police officer’s demand for a drinking test by inserting approximately 20 minutes from I of the Seoul Nowon Police Station Guard guard and the process leading to the traffic survey division, while there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as smelling in an emergency room located in the Buk Hospital located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, 22:40 on the same day by drinking, such as smelling alcohol in an emergency room in the Korean language seat of 68 in Seoul Special Metropolitan City, Nowon-gu, and making a redlight in the face.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report (1) (2) and a actual survey report;

1. A report on the actual state of the driver;

1. Each photograph;

1. Written estimate of the cost of underwriting insurance;

1. A medical certificate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the Road Traffic Act concerning the crime.

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