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(영문) 제주지방법원 2016.07.22 2016고단1000
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 15, 2015, the Defendant received a summary order of KRW 5 million from the Jeju District Court to a fine of KRW 5 million for a crime of violating the Road Traffic Act, and on April 21, 2016, the Defendant received a summary order of KRW 5 million from the same court due to a crime of violating the Road Traffic Act.

[Criminal Facts]

1. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, on April 27, 2016, the Defendant operated a C low-priced car that was not covered by mandatory insurance on the front of the Busan cafeteria located in 1134(Masan-Eup) Seopo-si, Seopo-si, Seopo-si, 14:40.

2. On April 27, 2016, the Defendant driving a vehicle with C low alcohol content of about 3 km in a section of approximately 0.223% of alcohol without obtaining a driver’s license from the house of a son located in Seopo-si, Seopo-si, Seopo-si, Seopo-si, 1134 (Seopo-si), from April 14:40, 2016 to the front road of Seopo-si, Seopo-si, Seopo-si.

3. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) and the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”) and the Defendant driven a vehicle with low alcohol content of 0.223% under the influence of alcohol during blood at the time, place, and driven a vehicle with low alcohol content of 0.223%, thereby running a vehicle with two lanes at the speed of 75 km per hour depending on the two-lanes of the road in the direction of the Songsan-si in the direction of the Sposi

At the time, the Defendant was aware of the fact that there were many vehicles who park the above way on the side of the flat. In such a case, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to safely operate the front and the left by properly operating the brake system.

Nevertheless, the defendant is under the influence of liquor with neglect.

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