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(영문) 의정부지방법원 2015.10.23 2015고단2297
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM car.

1. On April 30, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving), violation of the Road Traffic Act (driving of Drinking), and the Road Traffic Act (hereinafter “E”), driving the said vehicle under the influence of alcohol level of 0.116% on April 30, 2015, and driving the two lanes along the two-lane road in front of “E” located in D at Yangju City from the City of Speaker to the eastcheon City.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to safely operate the car line by reducing the speed and thoroughly reducing the power of the driver.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim F, who was driven by the victim F, who was in the opposite lane due to the negligence of fing the central line, in front of the said car.

As a result, the Defendant, while driving a vehicle in a state where normal driving is difficult due to influence of alcohol, suffered injury to the victim H, who was on board the damaged vehicle, such as the need for two-day medical treatment, and at the same time damaged the damaged vehicle so that the 7,193,000 won of the repair cost would be increased.

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

Nevertheless, the Defendant operated an automobile that was not covered by mandatory insurance as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Reporting on internal investigation by the police;

1. Traffic accident reports, actual condition investigation reports, reports on detection of employed drivers, circumstantial reports on employed drivers, reports on whether to drive any motor vehicle, the register of driver's licenses, the register of car driving licenses, and the mandatory insurance association;

1. A written diagnosis and written estimate;

1. Application of statutes on site photographs;

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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