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(영문) 수원지방법원 여주지원 2015.01.19 2014고단513
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The accused is a person engaged in driving of a vehicle with C investment vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Violation of the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act;

On October 206, 2014, when the Defendant driven the said vehicle without a mandatory insurance with a blood alcohol level of 0.201% 0.201% under the influence of alcohol, and drive the said vehicle on the front part of the said vehicle, which was driven by the Defendant, while driving the said vehicle on the front side of the instant vehicle at the entrance of the E-owned station located D at the opening of the game, in writing, in violation of the duty of the central line under the influence of alcohol, and thereby driving the opposite vehicle on the part of the victim F (ma, 56 years old) driving the G K5 vehicle, which was driven by the Defendant, while driving the said vehicle at the front part of the said vehicle at the front part of the said vehicle, which was driven by the Defendant, in writing, due to a breach of the duty of the central line under the influence of alcohol.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered a diversative typology which requires approximately six weeks of treatment to the victim.

2. The Defendant violated the Road Traffic Act at the same time and place as stated in paragraph (1) of this Article, as stated in paragraph (1), damaged the victim’s property so that the above vehicle of the victim F is equivalent to KRW 16,963,472.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A traffic accident report and accident site photograph;

1. Photographs of the accident scene of the traffic accident;

1. Statement of the circumstances of the driving under the influence of liquor;

1. Mandatory insurance policies;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a letter of request for appraisal, a written appraisal, and a report on detection of a host driver (Evidence Record 37 pages);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes relating to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act.

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