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(영문) 인천지방법원 2014.02.20 2013고단3397
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The Defendant is a holder of No. 49cc. 49cc., who is a person engaged in driving, and is a so-called “speaking.”

On May 17, 2013, the Defendant did not subscribe to mandatory insurance at around 22:03, and without a motor bicycle driver’s license, the Defendant driven the above Otoba while under the influence of 0.166% of blood alcohol concentration, and proceeds the non-lane of the two lanes in front of the 232-lane of the original new tunnel, Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, with the front-dong 20km from the front-dong bank to the new-dong bank. Therefore, the location is an intersection where the signal, etc. is installed, and thus, the Defendant has a duty of care to drive according to the new subparagraph.

Nevertheless, the Defendant, by negligence in the course of business, while driving in a situation where normal driving is difficult due to the influence of drinking at that time, was driven by the victim E (the 44-year old) who was driving from the right side of the above Obaba, to the port right side of the instant Obaba, took the front part of the left side of the D Ebababs car in front of the above Obababa in order to turn to the left at one way among five-lanes of the upper fababababba, and continued to take the front part of the Fio car driven by the victim E (the 44-year old) in front of the above Obaba.

Ultimately, the Defendant suffered from the injury of the victim G(31 years of age) who was on the part of the above business negligence by causing approximately 12 weeks of the closure frame between the large scoods requiring medical treatment, and at the same time damaged the victim C’s above coods car equivalent to KRW 2,947,516 of the repair cost, and the victim E’s scenarios car owned by the victim E to the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of C, E, and G;

1. The actual condition survey report and each photograph;

1. Statement on the circumstances of the driver, report on the request for appraisal, report on request for appraisal, and written appraisal;

1. Each written diagnosis and written estimate;

1. The application of the legislation of notification of Oralkba to the Republic of Korea.

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