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(영문) 대구지방법원 경주지원 2016.11.23 2016고단164

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2016 Highest 164] [criminal power] The defendant is a person who has been punished on March 23, 2011 by a summary order of KRW 2.5 million for the same kind of crime in the Gwangju District Court's net support on March 23, 2011, as well as by a fine of KRW 2.5 million for the violation of the Road Traffic Act (unlicensed Driving).

【Criminal Facts】

1. On February 17, 2016, the Defendant: (a) around 17:45 on the 17:45 day from the day before the restaurant cafeteria located in the outside-dong Eup/Myeon-dong Do-dong Do-Dong on the same day, the Defendant driven D class III truck with a blood alcohol concentration of about 0.160% without obtaining a driver’s license at the section of about 500 meters from the 500-meter to the front road in front of the restaurant located in the outside-dong Do-Eup/Myeon-dong Do-dong Do-dong Do-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving cars of D class III cargo.

On February 17, 2016, the Defendant, without obtaining a driver's license on February 17, 2016, driven the above cargo vehicle while under the influence of alcohol of 0.160%, and driven the two-lane of the above cargo vehicle in front of the Ccafeteria in the racing city, along with one-lane from the non-state to the Ulsan.

In this case, there were duty of care to prevent accidents in advance by reducing speed and driving safely by checking well the right and the right of the driver and the right of the driver.

Nevertheless, by negligence, the Defendant was under the influence of alcohol without obtaining a driver’s license and without neglecting to look at the front side of the vehicle, and was under the influence of the victim E (V, 29 years old) who was under the influence of the signal waiting at the front side of the course of the course, and received the rear part of the FLT car as the front part of the said vehicle.

Ultimately, the Defendant is driving the said cargo in a state where it is difficult to drive the vehicle normally due to influence of drinking.