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(영문) 서울중앙지방법원 2019.08.21 2018고단8154

특정범죄가중처벌등에관한법률위반(도주치상)등

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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 became final and conclusive.

Reasons

Punishment of the crime

B A around 2010, a spouse was married and became aware of the Defendant of Uzbekistan nationality, who worked as female employee at the main point called so-called "Kafin", and the Defendant and B, around December 1, 2017, drinked alcohol together in an influent restaurant near the influent basin in Seoul Special Metropolitan City, Gwanak-gu, Seoul, from around 22:00 on December 1, 2017 to December 20, 2017.

1. Around 01:00 on December 2, 2017, the Defendant was driving the said Cranby under the influence of alcohol with a blood alcohol concentration of 0.083% while under the influence of alcohol without obtaining a driver’s license from the front side of a mutually influent restaurant in the vicinity of the Dobong-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, to the 1490-nick circulation.

2. Around 01:00 on December 2, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Accidents) and the Road Traffic Act (hereinafter referred to as the "Act on the Aggravated Punishment, etc.") (hereinafter referred to as the "Act on the Aggravated Punishment, etc.") (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes") and the Defendant changed the lane to the two-lanes while driving the car at a remote distance from the drick basin of the new forest basin along the three-lane roads near the 1490 V

In such cases, the defendant has a duty of care to prevent accidents, such as living well as appropriately manipulating steering devices and direction-setting instructions, etc., in which a person engaged in driving a motor vehicle who intends to change his/her vehicle has another motor vehicle.

Nevertheless, the defendant, without obtaining the driver's license as stated in Paragraph 1, neglected it while under the influence of alcohol and changed the two-lanes into the two-lanes, and is proceeding in the same direction depending on the above two-lanes.