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(영문) 광주지방법원 목포지원 2013.03.21 2011고단1574
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to eight years of imprisonment with prison labor for robbery, injury, etc. at the Gwangju High Court on August 28, 2003, and the parole period was expired on December 24, 2009 and on May 15, 2011.

【Criminal Facts】 The Defendant is a person who drives a vehicle B Ecoos.

On October 29, 2011, the Defendant driven the said car under the influence of alcohol of 0.189% without a driver’s license, and continued to drive the said car at approximately 100 km speed from the southwest-gun of Yongnam-gun along three-lanes from the west-gun, Youngnam-gun, the Defendant got off the four-lane road near the said car at the speed of 100km from the southwest-do along three-lanes. While he was under the influence of alcohol, the Defendant was under the influence of the victim C (44 years) driving the Drenp motor vehicle in the same direction as the front part of the Defendant’s driving vehicle due to occupational negligence, which was proceeding in the same direction as the Defendant’s driving on the right side.

As a result, the Defendant suffered from the injury of cryp salt pans, etc. in need of treatment for about two weeks, and at the same time damaged the said cryp sphersphersphersphers from KRW 10,381,00.

Summary of Evidence

The application of the police interrogation protocol against the accused, the police protocol on C, the actual investigation report, the vehicle photograph of the accident, the diagnosis report, the quotation, the blood alcohol appraisal report, and the laws and regulations on the car driving certificate.

1. Relevant statutory driving for committing a crime: Disqualified driving under Articles 148-2 subparag. 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; Act No. 10790, Dec. 9, 201); Article 152 subparag. 1 and Article 43 of the Road Traffic Act; Injury resulting from dangerous driving under Articles 52 subparag. 1 and 43 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 151 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of driving without a license).

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