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(영문) 서울중앙지방법원 2013.11.22 2013고단6424

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

except that 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 22:00 on October 9, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a vehicle with approximately KRW 90 km from the Defendant’s house located in the Chungcheongnam-gun Samsung-gun, Samsung-gun, Inc. to the Plaintiff’s specialized restaurant for Uzbekistan Food and Drug in Dongdaemun-gu, Seoul at around 23:40 on the same day.

2. Around 00:30 on October 10, 2013, the Defendant was driving a vehicle of 10km in the state of alcohol alcohol concentration of 0.147% without obtaining a driver’s license for a section of about 10km from the restaurant specified in paragraph (1) to 01:50 on the same day from October 10, 2013.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes), Violation of the Road Traffic Act (SP) and the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”), which are the businesses of violation of the Road Traffic Act, the Defendant driven the said Apurd-purged vehicle on October 10, 2013, while driving the said Apurged-purging vehicle, around 01:50 on October 10, 2013, Gangnam-gu, Seoul, 279-165 on the instant hospital distance,

At night, the victim D (ma, 30 years old), E (ma, and 29 years old) who was a driver of a motor vehicle, was resisting to drive a motor vehicle by blocking and threatening the motor vehicle of the defendant. In such a case, the driver of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle after checking whether there is a shock for those who are close to the motor vehicle by checking well the front and rear left before the departure of the motor vehicle.

Nevertheless, the defendant neglected this, and thereby prevents the passenger car of the defendant by the F Two-wheeled Automobile on board the victim D, and the victim E knife the knife of the driver car of the defendant.