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(영문) 서울중앙지방법원 2015.01.23 2014고단8161
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

1. Around 22:42 September 26, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by D Bus) and the Road Traffic Act: (a) around 22:42, the Defendant driven a fluent passenger car with blood alcohol concentration of 0.168% from the 149 dynamic duty-free shop in the middle of Jongno-gu Seoul Metropolitan City, and proceeds from the direction of the Seoul Metropolitan Government Office in the direction of Sejong-ro crossing, while driving a fluent passenger car in the direction of the Seoul Metropolitan Government Office, the Defendant got the victim C (59 years old) who stops in the front line due to negligence in breach of the duty of the front line, caused the victim C (59 years old) who was on the bus to get the repair cost of 1,930,500 won, and at the same time, sustained the victim C (59 years old) and E (35 years old) who was on the bus to the same E (35 years old).

As a result, the defendant operated a car in a state where normal driving is difficult due to the influence of drinking, damaged another's property, and at the same time suffered from each injury to the victims.

2. On September 26, 2014, the Defendant: (a) driven a B-hand car with a blood alcohol content of about 5km from the front of the Hong Man-dong, Mapo-gu, Seoul Mapo-gu, to the front road of the 149 East-gu, Seoul, Jongno-gu, Seoul, for about 149 East-gu, while driving a car with B-hand alcohol content of about 0.168% under the influence of alcohol.

3. No automobile which is not subscribed to the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, shall be operated on a road; and

Nevertheless, at around 22:42 on September 26, 2014, the Defendant operated a B-hand car that was not covered by mandatory insurance on the front of the 149 dynamic duty-free shop shooting distance, as the Jongno-gu Seoul Metropolitan Government Sejong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

1. A traffic accident report;

1. Mandatory insurance policies;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Criminal facts;

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