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(영문) 수원지방법원 성남지원 2013.10.24 2013고단1589
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. On June 25, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death and Injury caused by Dangerous Driving), the Road Traffic Act violation (Dangerous Driving) and the Road Traffic Act violation: (a) around 21:00, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.202% and it was difficult to drive normally due to the influence of alcohol, and (b) the first line road of the 133-1nd line in the early moving of the Hanam-si was under the influence of the primary moving office of the NAF.

Since there is a center line of yellow-ray and a road bended to the left side, the defendant engaged in driving service has a duty of care to avoid exceeding the center line and to drive safely.

Nevertheless, the Defendant returned the remainder of Hand under the influence of alcohol to the left and pusheded on the median line, thereby passing the opposite opposite lane, and damaged the victim by taking the driving seat of the DM5 vehicle driving by the victim C (Nam, 40 years old) into the left side of the mae-car and taking about two weeks of the above mae-car into the front part of the mae-car, thereby causing injury to the victim, such as c,613,430 won of the repair cost, and at the same time, damaged the said M5 vehicle to take about KRW 3,613,430.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the Mat Motor Vehicle not covered by mandatory insurance at the time and at the place specified in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. A report on detection of a host driver;

1. A report on whether to drive any dangerous motor vehicle;

1. Inquiry into mandatory insurance;

1. Field photographs, etc.;

1. A general medical certificate;

1. Application of Acts and subordinate statutes to a written estimate of insurance repair expenses;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving sound driving).

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