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(영문) 대전지방법원 2014.10.01 2014고단2204

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

On November 21, 2008, the Defendant issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act at the Daejeon District Court on the same day, and on February 18, 2013, the same court issued a summary order of KRW 5 million as a crime of violation of the Road Traffic Act more than twice, and did not include in the facts charged. However, according to the applicable provisions of the Act stated in the indictment, the Defendant’s violation of the Road Traffic Act against the Defendant is clearly based on the premise that “the Defendant has violated Article 44(1) of the Road Traffic Act more than twice,” and it does not affect the Defendant’s right to defense even if stated in the indictment. It is evident that the Defendant’s violation of the provisions of the Act as stated in the indictment is based on the premise that “the Defendant has violated the provisions of Article 44(1) of the Road Traffic Act more than twice.”

1. On June 8, 2014, around 18:00, around 18:15 of the same day from the Seo-gu, Seo-gu, Daejeon to the road front of the Daejeon Jung-gu, Daejeon-gu, Daejeon-dong, where the trade name cannot be known, and around 6 km from the same day to the road front of the drinking house, around 2:00, around 22:00 of the same day, the said 1.5 km section from the day front of the mutually ununscoponed drinking house in the Jung-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, to the day front of the same Gu's act, without obtaining a driver's license.

2. A person drives the relevant vehicle under the influence of alcohol without obtaining a driver's license at a section of about 29km from the front day of the drinking house "converted" as stated in paragraph (1) at around 23:40 on the same day to the front day of the bus platform located inside the city shuttle-gun, Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, in about 29km from the front day of the same day;

3. On June 8, 2014, around 23:40, as indicated in the foregoing paragraph 2 above, a person drives the said vehicle while driving it under the influence of alcohol without obtaining a driver's license and driving the vehicle along one lane in front of the bus stops outside the city of the two-lane road located inside the Geumsan-gun, Geumsan-gun, Geumsan-gun, Chungcheongnam-do, Geumsan-do.