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(영문) 전주지방법원 2014.11.14 2014고단1397
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Power】 On September 15, 2009, the Defendant received a summary order of KRW 1.5 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act; and on May 30, 2013, a summary order of KRW 5 million was issued in the same court as the same crime.

【Criminal Facts】 The Defendant is a person who is engaged in driving a gallon vehicle.

On August 7, 2014, the Defendant: (a) driven an automobile with a gallon’s blood alcohol concentration of 0.184% without a driver’s license; (b) driven the said gallon’s vehicle; and (c) driven the said gallon’s vehicle at a speed of about 30 kilometers per hour from the juri, Agricultural Cooperatives, Seoul Special Self-Governing Province, the first two-lane road in front of the gallon, which is located in the gallon city, at a speed of about a speed of 30 kilometers per hour; (d) by occupational negligence, the Defendant, while under the influence of alcohol, failed to maintain the safety distance and neglected the duty at the front time without maintaining the safety distance; (e) sustained the victim’s dyke and the falton’s falton’s falton’s falter, which requires treatment of the said C, from the front left-hand part of the said gallon’s troke, and suffered the victim’s 2nd.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A report on whether to drive any dangerous motor vehicle;

1. Each written diagnosis;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning the crime.

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