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(영문) 대구지방법원 김천지원 2014.01.15 2013고단1362

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 27, 2007, the Defendant was issued a summary order of KRW 700,000 by the same court as a fine for the same crime on August 28, 2008, and on September 8, 2011, by the same court.

After that, on November 30, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime in the same court, and was finally sentenced to two years of suspension on December 8, 2012, and is currently under probation.

On June 22, 2013, the Defendant, without obtaining a driver’s license at around 20:10 on June 22, 2013, driven a motor vehicle with blood alcohol concentration of 0.169% in a state where normal driving is difficult due to the driving of the motor vehicle at around 0.169%, and proceeded with one lane in front of the restaurant in front of the Yan-gu in the city of the Gu-U.S., the head of the Si/Gu as the front of the Yan-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si.

Ultimately, the Defendant, as seen above, driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Statement made to D by the police;

1. A traffic accident report, a report on the actual state of a driver, a report on the occurrence of a traffic accident, a report on the actual state of a driver, and a survey report on actual state;

1. Registers of driver's licenses;

1. A medical certificate;

1. Previous convictions in judgment: Application of investigation reports (former and fixed date reports) and criminal records inquiry reports (A) and Acts and subordinate statutes;

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