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(영문) 대전지방법원 천안지원 2017.05.11 2016고단2428
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A defendant who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving), a violation of the Road Traffic Act (drinking) and a violation of the Road Traffic Act shall drive K3 motor vehicles frequently or frequently;

On September 11, 2016, the Defendant driven the foregoing vehicle while under the influence of alcohol content of 0.150% among the blood transfusions on September 15:12, 2016, and proceeded with the road of 0.15% in the direction of Eup/Myeon in the direction of the luminous side in the south-gu Seoul Metropolitan City.

Since the place is where the center line of yellow solid lines is installed, the driver has a duty of care to live well on the right side of the center line and to pass on the right side of the center line.

Nevertheless, the Defendant, while neglecting this duty of care due to the negligence of driving a central line with the negligence of neglecting the duty of care, took the front part of the victim E (the 33-year-old driver’s license) drivingF rocketing car that was driven in the opposite opposite lane, and took the front part of the Defendant’s driving car.

Ultimately, the Defendant driving the said vehicle in a state where normal driving is difficult due to the influence of alcohol, and caused injury to the victim G ( South and North, the second age) by chilling the victim E and the damaged passenger vehicle, such as cather catal fat, which requires a two-day medical treatment, to the victim H ( South and 53 years old) who was on the part of the Defendant’s driving vehicle, and at the same time damaged the victim’s rocketing car by causing about 8,715,578 won for repairing the said car.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated CK3 automobiles without mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (E);

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. A report on the actual condition of survey and the occurrence status thereof;

1. Accident scene and vehicle photograph;

1. Each written diagnosis;

1. Written estimate;

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

1. Criminal facts;

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