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(영문) 대구지방법원 안동지원 2009. 7. 21. 선고 2009고단234 판결
[특정범죄가중처벌등에관한법률위반(위험운전치사상)·도로교통법위반(음주운전)·도로교통법위반·도로교통법위반(무면허운전)][미간행]
Escopics

Defendant

Prosecutor

Kim Jong-chan

Text

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

Criminal facts

On July 10, 2008, the defendant was sentenced to a suspended sentence of ten months in the Daegu District Court for criminal fraud, which was sentenced to a suspended sentence of two years in the same month, and the judgment became final and conclusive on the 18th day of the same month, and

At around 22:30 on March 15, 2009, the Defendant, without a driver’s license, driven a blood alcohol concentration of 0.201% while normal driving is difficult (vehicle No. 1 omitted) and driven a string-down road in front of a dialogue wedding hall at permanent residence at the seat of the Southern Elementary School. While the Defendant driven the (vehicle No. 2 omitted) vehicle at the front part of the vehicle driven by the Defendant, Nonindicted Party 2 driven by the Defendant while driving the vehicle at the front end of the vehicle (vehicle No. 3 omitted), Nonindicted Party 1 suffered injury, such as a tension that requires light treatment for about two weeks, while Nonindicted Party 1 driven the vehicle at the seat of the Southern Elementary School, Nonindicted Party 30, 280 and 30 of the repair cost of the vehicle, and Nonindicted Party 1 driven the vehicle at the front end of the vehicle. At the same time, Nonindicted Party 30, 200 and 308 of the repair cost of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of Nonindicted Party 1

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. Written estimate;

1. Previous convictions: Criminal records and investigation reports (a copy of the judgment);

Application of Statutes

1. Article applicable to criminal facts;

Article 5-11 (Aggravated Injury Caused by Occupational Negligence) Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 150 subparagraph 1, Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act (Aggravated Destruction and Damage of Property in the Course of Business), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (A point of Free License Driving)

1. A regular border;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Selection of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), the violation of the Road Traffic Act (Dangerous Driving) and the violation of the Road Traffic Act (Dangerous Driving without Permission) and the

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

Reasons for sentencing

In addition to the previous records, the defendant was sentenced to imprisonment with prison labor for 10 months for the theft and the violation of the Road Traffic Act (unlicensed Driving) in the Yeongdeungpo District Court on April 18, 2007, and was sentenced to 2 years for the suspension of execution on April 26, 2007. Although the defendant was issued a summary order of 3,00,000 won for the violation of the Road Traffic Act (driving on March 13, 2008), he again committed the same kind of crime in the Daegu District Court on the grounds of the violation of the Road Traffic Act (driving on March 13, 2008), and the drinking level is also very high. The defendant was sentenced to the sentence for the defendant, taking into account the fact that the victims did not recover from damage.

Judge Lee fixed-term

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