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(영문) 광주지방법원 목포지원 2013.05.09 2013고단619
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Public prosecution is dismissed as to the violation of the Road Traffic Act among the facts charged in this case.

Reasons

Punishment of the crime

【Disqualified for suspended sentence and the record of violation of Article 44(1) of the Road Traffic Act 】 On June 11, 2010, the Defendant was sentenced by the Seoul Northern District Court to a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving). On January 5, 2012, the Seoul Northern District Court sentenced two years of suspended sentence to a fine of KRW 6 months due to a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on January 5, 2012. The judgment became final and conclusive on January 13, 2012.

【Criminal Facts】

1. A thief: (a) around 04:20 on April 8, 2013, the Defendant discovered one of the Fi-math cargo vehicles owned by the victim E, parked, and opened and boarded the thief truck, which was not locked, and stolen by driving the thief.

2. On April 8, 2013, the Defendant driven a motor vehicle under the influence of alcohol not less than twice as seen above, and driven a f-math truck under the influence of alcohol with a blood alcohol concentration of about 0.091%, without obtaining a driver’s license, from the Do in front of the “D” located in Yongnam Cancer-gun, Young-gu, Seoul, to the front side of the “Korea Exclusive Road” in the 10km section, and without obtaining a driver’s license, around 04:45, 2013.

3. The defendant is a person who has driven a Fri-math cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On April 8, 2013, 04:45 around 04:45, the Defendant, while driving the said cargo under the influence of alcohol without obtaining a driver’s license, was driving the said cargo at the top of the front-distance intersection of the front-distance engine in a wooden-si, and driving it at the seat of the front-distance engine at the seat of the front-distance engine, and was driven by the Defendant as the front-hander of the cargo vehicle in which the Defendant was driving by a passenger G (the age of 68) who was under the influence of a signal stop due to occupational negligence, who violated the duty of the front-distance stop.

As a result, the defendant needs to give medical treatment to the victim for about three weeks.

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