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(영문) 광주지방법원 순천지원 2018.08.23 2018고단1199
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The accused is a person who is engaged in driving a KS5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by dangerous driving), violation of the Road Traffic Act (drinking) and violation of the Road Traffic Act;

On February 12, 2018, the Defendant driven the said car under the influence of alcohol content of 0.204% among blood transfusions on 01:52, and continued to drive the said car at the speed of 0.204% in the direction of the police station, which is located on the luminous tin-ri road (e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e. the e.

The driver of a motor vehicle has a duty of care to reduce speed in a clear mental condition without influence of drinking, etc. and to safely turn back according to the edge of the road.

Nevertheless, due to the negligence that the Defendant neglected to do so while under the influence of alcohol and proceed to the right side without plucking or breaking the hand, the Defendant received a part of the victim D(46 years) who turn to the left at the left on one lane of the opposite vehicle, in violation of the signal at the right side of the opposite vehicle vehicle, which was driven by the victim D(46 years).

Ultimately, the Defendant caused damage to the victim’s long-term, etc. due to such occupational negligence, and caused the victim to die from the long-term diversification during the follow-up treatment at F Hospital around 02:18 on the same day, and damaged the said high-speed car by KRW 2,774,561 on repair cost.

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

Defendant 1 operated the said K5 car from January 20, 2018 to February 12, 2018, without renewal despite the expiration of the contract period on January 19, 2018.

Summary of Evidence

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