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(영문) 전주지방법원 2018.08.14 2018고단388

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 15, 2018, the Defendant 00:10, without obtaining a driver’s license for a motor vehicle, 0.13% of alcohol concentration in the blood, and walked with a little congested shape, and even though he or she takes a smell, he or she has driven a motor vehicle, and driven the front road of E, which is located in Seojin-gu Seoul Metropolitan City D in front of the front city, by driving the motor vehicle, while driving the motor vehicle, and driving the motor vehicle in front of the motor vehicle in the front city of the front city of the front city along the stadium distance.

At the time, the Defendant, by negligence in violation of the signal, got off the part on the right side of the passenger car driving by G Spool F (27 tax) which was driven by the victim F (27 tax) who was left left at the right side of the passenger car in accordance with the new subparagraph at the right side of the opposite vehicle line, and received the front part of the vehicle.

As a result, the Defendant driven a motor vehicle without a driver’s license in a state where it is difficult to drive the motor vehicle normally due to influence of drinking, and caused the victim to suffer salt, tension, etc. in need of a medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. A report on the detection of a primary driver;

1. A report on whether to drive any danger;

1. Statement protocol (F);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The circumstances favorable to the Defendant include the following: (a) the first sentence of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) Articles 38(1)2 and 50 of the Act are against the Defendant’s reason for sentencing; and (c) the agreement with the victim.

However, the defendant has repeatedly committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) during the short term.