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(영문) 서울동부지방법원 2012.10.12 2012고단1704

특정범죄가중처벌등에관한법률위반(도주차량)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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:55 on May 18, 2012, the Defendant: (a) driven a Csch Rexroth under the influence of alcohol by 0.098% at the 1km section from the roads front of the mutual influent frequency in the Seongdong-gu Seoul Metropolitan Government Sungdong to the front road of the Gandong-dong 457-2, Gangdong-gu, Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Punishment, etc.) are those who are engaged in driving of the said Cost Star

The Defendant driven the above van at the date, time, and place specified in paragraph (1) and led the 379-3 high speed of the Sung-dong, Gangdong-gu, Seoul, to proceed six-lane roads from the front of the Maddong ecological park along one-lane from the direction of the Dodong ecological park.

At the time, vehicle traffic is very high as a road with six-lanes, and the bus exclusive lanes are set up in one lane and the two lanes are prohibited, and the two lanes are left lanes and signal lights are installed, so there was a duty of care to prevent accidents by reducing speed and driving a signal well.

Nevertheless, even though the Defendant neglected this and was in a direct state of difficulty in normal driving under the influence of alcohol as in Paragraph 1, the Defendant changed the vehicle line from the two-lane to the one-lane and proceeded along the one-lane by the victim D (the age of 46) with the front wheeler of the Defendant’s vehicle driver’s seat and the front wheeler of the victim E-car, which was driven by the victim D (the age of 46) who was driving along the two-lane, is shocked with the front wheeler of the Defendant’s vehicle driver’s seat, and was driven by the victim F.F. (the age of 54) who was standing in the vicinity of the Driner, and was driven by the victim H (the age of 48).