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(영문) 춘천지방법원 강릉지원 2014.08.28 2014고단672
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a gallon or a car.

On June 11, 2014, at around 11:50, the Defendant driven the said car without a mandatory insurance without a driver’s license, while under the influence of alcohol with a blood alcohol concentration of 0.225%. On June 11, 2014, the Defendant driven the road in front of the head of the cancer wall, etc. 69, which is located in the Gangseo-si General Athletic Course 69, toward the ice stadium from the direction of the GangseoM

At the same time, the central office line was installed, and in such a case, the person engaged in driving service has a duty of care to safely operate the road according to his/her driving route by accurately operating the steering area and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the system.

Nevertheless, the Defendant, while his body was unable to drive normally due to such influence of alcohol as above, was faced with the front part of the E-driving in the direction of the opposite by the negligence that led to the central line while driving normally due to the influence of alcohol, etc., the front part of the E-driving private taxi was carried out by the front part of the said gallon vehicle.

Ultimately, the Defendant suffered injury to the victim G (the age of 58) who was on board the back of the damaged vehicle due to the foregoing occupational negligence, such as a chest feling, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The circumstantial report on the driver and the report on whether to drive any danger;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Automobile Accident Compensation Guarantee Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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