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(영문) 수원지방법원 안산지원 2015.05.08 2015고단783
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

Criminal facts

At around 02:00 on March 12, 2015, the Defendant was under the influence of alcohol with 0.20% of blood alcohol concentration, and the Defendant was driving a B-sppon vehicle from the trade name and aesthetic station located in the two west-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si to drive the B-spon vehicle without obtaining a driver’s license, leading the said road to the two sides of the two sides of the two sides of the road in front of the B-spon-dong, Seoan-gu, Seoan-gu.

As above, the Defendant was unable to accurately operate the brake system under the influence of alcohol without obtaining a driver’s license, and the Defendant received the part of the backer part of the Dsch Rexton car driven by the victim C, which was driven by the said victim for signal waiting, as the front part of the said Dsch Rexton car, and suffered injury to the victim, such as salt, tension, etc. for about two weeks in need of treatment.

As a result, the Defendant, without a driver's license, driven the above 400 meters vehicle in a drunken state without a driver's license, and driven the above wing-out vehicle in a state where it is difficult to drive normally due to the influence of drinking, thereby causing the injury of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1);

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Application of related Acts and subordinate statutes;

1. Relevant Act on the crime: Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act provides that the defendant shall be led to confession and reflect, the fact that the defendant agreed with the victim, and the defendant shall be sentenced to a fine once except for one time.

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