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(영문) 서울중앙지방법원 2015.01.09 2014고단9128

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person engaging in driving a franchise-low-income vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On November 21, 2014, the Defendant driven the said car under the influence of alcohol of 0.153% without obtaining a driver's license on November 21, 2014, while driving the said car at the influence of alcohol of 0.153%, and proceeding four-lanes in front of the Larar hotel in Gangnam-gu Seoul, Seoul, with four-lanes from the intersection of the Garar apartment to the intersection of the Han apartment, and changed the course to three-lanes.

At night, night view was narrow and a large number of vehicles were passing on the three-lane, so there was a duty of care to prevent accidents in advance by checking whether there is a vehicle in operation on the three-lanes by reducing speed for those driving a motor vehicle, and by giving prior notice of a change in course by operating a steering direction, etc. in advance, giving prior notice of a change in the course, and making a change in the vehicle's way well-being the traffic situation.

Nevertheless, under the influence of alcohol, the Defendant neglected it and did not properly check the traffic conditions of next lanes, and was negligent in changing the vehicle lanes into three lanes, and received the back part of the victim D, who was driving along three lanes, in front of the seat of the suspect, as the front part of the vehicle.

Ultimately, even though the Defendant suffered from an injury, such as climatic salt, etc., for about two weeks of medical treatment by occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

2. On November 21, 2014, the Defendant is under the influence of alcohol with a blood alcohol level of 0.153% without obtaining a driver’s license at a section of about 1km from the mutual influence in Gangnam-gu Seoul to the place where the said accident occurred.