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(영문) 춘천지방법원 원주지원 2017.11.16 2017고단702
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 15, 2017, the Defendant was under the influence of alcohol level of 0.332% from the blood transfusion around 18:00, the Defendant driven a C Ttiblian car at a section of approximately 1.5 km from the front-si to the front-si, 1.5 km.

2. The Defendant violated the Guarantee of Automobile Compensation Act operated the said car without mandatory insurance at the above time and place.

3. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act around 18:00 on the same day, the Defendant driven the said car while under the influence of alcohol and proceeded two lanes from the side of the East Agricultural and Industrial Complex to the Dom Corro-distance in the prime city.

In such a case, although the defendant, who was engaged in driving service, has a duty of care to prevent accidents, such as securing safety distance and safe driving, due to influence of alcohol, the defendant neglected to drive the vehicle in a state where normal driving is difficult due to the influence of alcohol, and neglected to operate the vehicle in close vicinity to the E 5 vehicle of the victim D(45) driving ahead of the same direction, due to the occupational negligence of operating the vehicle in close vicinity to the victim D(45). The victim F (F, 40 years old), who received the backer of the damaged vehicle from the victim D and the passenger, suffered the injury of the damaged part and the f, which requires medical treatment for about two weeks, and at the same time, damaged the above vehicle to take part in the repair cost, such as exchange of the damaged vehicle, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on the actual condition of driving, a report on the circumstances of driving under drinking, an inquiry about the results of crackdown on driving under drinking, a statement on the circumstances of a driver under driving under drinking, and a report on

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. The specific crimes under Article 148-2(2)1 and Article 44(1) of the Road Traffic Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and each specific crime shall be subject to aggravated punishment.

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