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(영문) 대전지방법원 논산지원 2018.08.21 2018고단177

도로교통법위반(무면허운전)등

Text

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

1. On December 16, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a car C car without obtaining a driver’s license from B to C community hall in the section of approximately two kilometers from B to C community hall.

2. On December 16, 2017, the Defendant infringed upon the residence of the Victim F (74 years old) located in E at Seosan-si on December 16, 2017, without the consent of the victim, and entered the said residence under the influence of alcohol without any justifiable reason. 3. The Defendant suffered the injury by entering the said residence without the consent of the victim.

“” to the victim under subsection (1) “Fech feas, feasia.”

“Along with the victim’s face by drinking, the victim’s breath has been laid down, and the victim’s chest was satisfyed, and then the victim’s chest was satisfyed, and the victim was satisfyed with an open wound within six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. The driver's license ledger;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparag. 1 and Article 43 of the Road Traffic Act (Unlicensed Driving), Article 319 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Act is that he/she enters the other person's house without permission in the state of drinking;

An elderly victim who had been in his place is not a bad one in which the crime is committed.

The degree of injury is very serious.

The defendant's responsibility is not less complicated.

However, the defendant's mistake is recognized, and the victim is subject to apology at the police investigation stage.