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(영문) 대전지방법원 논산지원 2015.11.06 2015고단422
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a non-registered 124.1c. Corresponding.

On May 31, 2015, the Defendant, while under the influence of alcohol level of 0.166% on May 31, 2015, driven the above Oba, and led the roads in front of the Saemaul Undong, which had been in the semi-componed operation in Yansan-si, to bypass from the direction of the Yasan-distance.

At the time, there was a pedestrian who was at night and around, and therefore, there was a duty of care to prevent accidents by accurately operating the steering gear, brakes and other devices of the Ototoba and driving on the front side and the right and the right.

Nevertheless, the Defendant neglected to drive normally due to the above influence of alcohol and proceeded as it is, due to the negligence of the Defendant’s negligence, and led to the above Orala to the right side part of the victim B (the age of 19) who crosses the road to the port from the right side of the direction of the course of the Defendant’s course.

Ultimately, the Defendant suffered injury to the victim B, such as salt, tensions, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. The Defendant is a holder of Oral Ba as described in paragraph 1.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated the above Oral Ba, which was not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to reports on the occurrence of a traffic accident, actual condition survey reports, field photographs, notification of the results of the control of drinking driving, circumstantial reports on drivers of drinking alcohol, diagnostic certificates, and written estimates;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act which choose a penalty, and Article 148-2 (1) of the Road Traffic Act;

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