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(영문) 전주지방법원 군산지원 2013.08.29 2013고단757
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 became final and conclusive.

Reasons

Punishment of the crime

1. The accused is a person engaged in driving service with B 100 occba in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act;

On June 14, 2013, the Defendant, while under the influence of alcohol 0.162% of the blood alcohol concentration around 15:20 on June 14, 2013, driven the above otob, and driven the front of the post office in South and North Korea, which is located in the south of the Yansan City, along the two lanes in the direction of the distance of the northwest market.

A person is prohibited from driving under the influence of alcohol in a state where normal driving is difficult due to the influence of alcohol. However, the Defendant was negligent in driving under the influence of alcohol, and the Defendant was placed on the back part of the victim C(63 years old) driveed along the same lane at the front of the Defendant.

After all, the Defendant, as seen above, driven an Oral boom in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., by driving the boom, which requires approximately two weeks medical treatment to the victim.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, at the time and place specified in the preceding paragraph, has driven otobs which were not covered by mandatory insurance as above.

Accordingly, the defendant operated a motor vehicle on a road which is not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Photographs;

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

1. A report on detection of a host driver;

1. Inquiry into the enemy;

1. Mandatory insurance policies;

1. A medical certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act concerning criminal facts and the provision of the same Act concerning the punishment for the choice of punishment.

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