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(영문) 서울서부지방법원 2012.09.13 2011고단2546
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The punishment of the accused shall be determined by ten months of imprisonment.

Reasons

Punishment of the crime

1. On December 3, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act: (a) around 02:57, while under the influence of alcohol by 0.127% of the blood alcohol concentration without obtaining a driver’s license, and (b) while driving a Bbeer or a motor vehicle, the Defendant driven a Bbeer and a motor vehicle at the speed of about 20km in the speed of 172 meters in front of the Seoul Eunpyeong-gu Seoul Metropolitan Ma-dong from the latter and proceeds from a speed of about 20km in the back of the two-lane

Since at night, the defendant had a duty of care to care in preventing accidents by accurately manipulating the steering gear and brakes, and by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, is negligent and proceeds ahead of the same direction as the Defendant’s proceeding direction by negligence.

A victim C (the age of 59) who was waiting for the signal was driven by the victim C(the age of 59) and was driven by the victim as the front part of the Defendant vehicle.

Ultimately, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, the Defendant suffered injury, such as light fluoral salt, which requires approximately three weeks of treatment, from the occupational negligence, and at the same time damaged the above SM5 motor vehicle so that the repair cost is KRW 500,468.

2. On December 3, 201, the Defendant violated the Road Traffic Act, the Road Traffic Act (driving without a license), and the Guarantee of Automobile Accident Compensation Act, without purchasing a mandatory insurance policy under the influence of 0.127% of blood alcohol concentration, at a place on the part of Eunpyeong-gu Seoul Metropolitan Maam-dong 22:57, in a place on the part of Eunpyeong-gu Seoul Metropolitan Maam-dong 172, and without obtaining a driver’s license, operated Bbee or car owned by the Defendant without obtaining a driver’s license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Motor Vehicle Report (1), (2) and Mandatory Insurance.

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