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(영문) 전주지방법원 2014.10.24 2014고단1316
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a new car in Category B, New A.I.D.

On June 16, 2014, at around 18:07, the Defendant, without a driver’s license, proceeded in the direction of a new apartment in the front of a city bus terminal in the front of the front-gu, a forest in the front-gu, a forest in the front-gu, a forest in the front-gu, a forest in the front-gu, a forest in the old military.

At the time, the victim C (the 18-year old) was crossing the road from the right side of the defendant's moving direction at the time, and in such a case, the person engaged in driving the motor vehicle was obliged to take care of the right side and the right side of the road and to prevent the accident from occurring.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as light fluoral salt, which requires a medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report and on-site photographs;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Application of the statutes on the register 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) 1 and Article 44 (1) of the Road Traffic Act (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Selection of each sentence of imprisonment;

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

1. The fact that the Defendant, under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, led to the confession of and seriously against the instant crime, that the Defendant agreed with the victim, that the instant vehicle was covered by the comprehensive motor vehicle insurance, and that there was no criminal record exceeding a fine due to the same kind of crime.

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