(영문) 서울북부지방법원 2014.08.19 2014고단818

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(영문) 서울북부지방법원 2014.08.19 2014고단818

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who is engaged in driving a BPcar car, and is a holder of the said car.

No automobile which is not covered by the mandatory insurance shall be operated on a road.

On March 14, 2014, at around 05:15, the Defendant driven the said car without mandatory insurance with a blood alcohol concentration of 0.160% 0.160%, and continued to drive the said car with a three-lane road in front of the Cyang-ro 223 Samyang-ro, Seoul, Gangnam-gu.

In this case, a driver of a motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right of the driver of a motor vehicle and to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant received the back portion of D’s D’a car owned by the victim C(38 years of age) who was under temporary suspension at the front of the said car due to the occupational negligence while neglecting it, and received from the victim E(48 years of age) and F(23 years of age) who was on board the said C, E(n.e., the victim) who was on board the said franchise, and E(n., the 48 years of age), and F(n., the 23 years of age) in need of medical treatment for each two-day period of time, and at the same time attached to the said franchise to ensure that the repair cost of the said car is KRW 935,188.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, caused the victims to damage by driving the motor vehicle in question, and at the same time, caused the damage of the victims by neglecting to pay attention necessary for the business, damaged the motor vehicle, operated the motor vehicle with no mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement on the circumstantial statement of the employee;

1. A medical certificate;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

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

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