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(영문) 대전지방법원 서산지원 2014.01.16 2013고단417
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 accused who violates the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Death or Injury caused by Dangerous Driving), the Road Traffic Act, the Road Traffic Act, and the Road Traffic Act are those engaged in the business of driving the CCA 110 motorcycles;

On June 3, 2013, at around 19:45, the Defendant proceeded to the speed of about 40km from the west to the west-si, Taean-gun, Taean-gun, Taean-gun, by one-lane a two-lane road in front of the Pakistan child care center.

At that time, the road is be bended by the rain where the central separation cost is installed. In such a case, the driver had a duty of care to live well before and after the vehicle, and safely drive the road on the right side of the central separation zone to prevent the accident in advance.

Nevertheless, the Defendant neglected to obtain a driver's license without obtaining a driver's license, and led the victim D (year 42) who was driving normally in accordance with one lane due to the negligence that the victim D(year 42) who was driving on the side of the SM5, while driving in a state of difficulty in normal driving under the influence of 0.171% of alcohol concentration on the side of the Mangnpo Road, caused a centralized separation zone by avoiding the conflict with the Defendant's above motorcycle.

As a result, the Defendant suffered injury to the victim D, such as light fat, which requires approximately two weeks of medical treatment, due to the above occupational negligence, and at the same time damaged the victim's above IM5 car to cover approximately KRW 2,432,846 of repair costs.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated CCA 110 motorcycless, which did not purchase mandatory insurance as stated in paragraph (1) at the time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. A traffic accident occurrence report and a traffic accident actual condition investigation report;

1. Each photograph;

1. A report on detection of a host driver and a report on the circumstances of a host driver;

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