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(영문) 대구지방법원 김천지원 2016.08.11 2015고단1412
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 October 28, 2011, the Defendant received a summary order of KRW 1.5 million from a fine for a violation of the Road Traffic Act, and KRW 5 million from a fine on September 25, 2015 due to a violation of the Road Traffic Act.

The defendant is a person who drives a motor vehicle with sod vehicle of C. A.

On October 2, 2015, the Defendant, at around 12:45, operated the said vehicle under the influence of alcohol level of 0.155% in the blood while under the influence of a driver’s license without obtaining a driver’s license, and proceeded into an export tower on the surface of the Gu and U.S. bank. On October 2, 2015, the Defendant was negligent in neglecting the duty of the former bank in the situation where it is difficult to drive normally due to influence of alcohol, and received the part of the victim D(41 years old)’s EK5 taxi in the front line of the traffic signal at the same lane of the former bank.

Ultimately, Defendant 2 suffered injury to the victim, such as salt and tensions, and tensions, which require approximately two weeks of treatment by negligence in the course of business as seen above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The actual survey report, photographs, and photographs of damaged vehicles;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. A medical certificate;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous convictions of the disposition, and reporting on investigation (reports attached to summary orders of the same criminal records of the suspect);

1. Relevant legal provisions concerning criminal facts;

A. The injury caused by dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes Act”)

(b) Driving alcohol: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(c) Unlicensed driving: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (driving of Drinking) and crimes of violation of Road Traffic Act (driving of Drinking).

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