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(영문) 광주지방법원 2016.10.06 2016고단1407

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On November 4, 2008, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a violation of the Road Traffic Act (driving) at the Gwangju District Court on April 2008, and on May 18, 201, the Defendant was issued a summary order of 1.5 million won by the same court on May 18, 201, and has violated Article 44(1) of the Road Traffic Act more than twice.

In addition, on January 11, 2013, the defendant was released on August 14, 2015, and the parole period expired on November 26, 2015, after being sentenced to three years of imprisonment with prison labor and six months of the probation period as a crime of violating the Road Traffic Act at the same court on November 28, 2013. < Amended by Act No. 11904, Nov. 28, 2013>

【Criminal Facts】

The defendant is a person who is engaged in driving a C low-est car.

On April 22, 2016, the Defendant driven the said vehicle under the influence of alcohol of 00:53, while driving the said vehicle at a speed of 0.176% with a alcohol level of 0.176%, and led the Ronam-ro Complex 7:00 in front of the Haak-gu in Gwangju Mine-gu to a speed of about 80km per hour from the Hart to the new hospital.

In this case, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely in accordance with the new code.

Nevertheless, the Defendant neglected this and caused the victim's Gschton driver's cross-driving part of the victim D(70 years old)'s driving of the Estynael taxi to turn to the right from the direction of the Round in the direction of the Round hospital by negligence in violation of the stop signal, and caused the victim's Gschton's driving (59 years old) driving that the said taxi was moving to the front part of the Defendant's vehicle.

Ultimately, the Defendant’s above occupational duties.