beta
(영문) 인천지방법원 2018.06.20 2018고단324

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On September 7, 2015, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on September 7, 2015, and on July 12, 2017, the same court was sentenced to imprisonment with prison labor for six months as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a death or injury caused before the risk of death) and a violation of the Road Traffic Act (breaoning), and the judgment became final and conclusive on July 20, 2017.

[Criminal facts]

1. On December 16, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving at around 00:30, while under the influence of alcohol content of 0.156% during blood, driving G straw car at a 0.156% in a state of difficulty in normal driving, such as influoring, driving, etc., and then driving G strawa car at a 35-lane, 104, 104, 100 U.S. apartment 1, 104, and 104, 104, 300 U.S. Olympic-gu, Songpa-gu, Seoul, is driving at a speed of 2-lane away from the south side of the J. 54-S. in the front direction, thereby causing the Defendant to suffer the said 2-day trend of alcohol and tension in need of treatment.

2. The Defendant driving a motor vehicle under the influence of alcohol concentration of 0.156% in blood without obtaining a driver’s license at the time and time stated in the preceding paragraph from the place where the accident stated in the preceding paragraph occurred, and without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

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

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. A medical certificate;

1. Previous conviction: Application of a written reply to inquiry about criminal history, confirmation of identical records, summary order 3404, which was 3404, which was 2015 ancient district court, sentence of 2017 ancient district court, sentence of 1561, and relevant list-related statutes;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime.