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(영문) 대전지방법원 홍성지원 2015.06.10 2015고단210
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 Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving DCITRI100 Oba.

On February 6, 2015, at around 19:10, the Defendant driven the above Oral Sea without obtaining a motorcycle driver's license with a blood alcohol concentration of 0.333% 0.33%. On February 6, 2015, the Defendant driven the said Oral Sea, and driven the road near the entrance of the Taecheon-ri Village of 345, Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, Seocheon-gun, Seocheon-do, Seocheon-do.

At the time, since it was difficult to take the place around at night, there was a duty of care to prevent accidents by accurately manipulating the steering and brakes, and by accurately manipulating the steering and brakes.

Nevertheless, while under the influence of alcohol, the Defendant was able to walk on the right side of the direction of proceeding due to the negligence of neglecting it, and received the part of the bridge of the victim E (the age of 80) on the right side of the above direction of the Defendant driving.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, which requires approximately 10 weeks of treatment, to the right-side executives who need treatment.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) set forth in paragraph (1) of this Article, without obtaining a driver’s license, with a degree of about 600 meters alcohol concentration of about 0.33% from a section of about 600 meters to the entrance road of Tae-ri Village located in Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, Seocheon-do, Seocheon-do, Seocheon-do, Seocheon-do, and the same Eup.

3. Although the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated the above dial part without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. The protocol of statement to E by the police;

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