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(영문) 서울동부지방법원 2020.02.19 2019고단4148

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than one year and six 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. At around 02:00 on October 9, 2019, the Defendant: (a) opened and entered a string door of the E-learning passenger car parked on the street by the victim C from “Drenkk’s”; (b) driven by a string line using a car in the said car and driving the string line.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving cars.

On October 9, 2019, the Defendant driven the said car with stolen alcohol level of 0.168% as described in paragraph (1), while under the influence of alcohol around 04:57 on October 9, 2019, and proceeded along the three-lane road in front of Songpa-gu Seoul Metropolitan Government along the two-lanes from the right edge of the locking Private Teaching Institutes to the locking Park, and led to the vicinity of the locking Private Teaching Institutes.

It is an intersection where signal, etc. is installed, and there was a duty of care to ensure safe operation by checking whether a person engaged in driving a motor vehicle has a motor vehicle passing through an intersection by checking the front side and the left side of the motor vehicle and accurately manipulating the steering direction and brake system according to the new code.

Nevertheless, under the influence of alcohol, the Defendant did not stop the front-board vehicle signal while driving the said front-board vehicle without stopping it, followed by the negligence of driving the said front-board vehicle on the right-hand side of the Defendant’s moving in accordance with the Madar No. 65 (year 65) driving of the victim Gystya taxi (age 65) driving in the right-hand side of the Defendant’s moving in the same direction as the said taxi, and followed up the part of the victim I (age 66) driving in the same direction as the said taxi.

Ultimately, the Defendant, due to the above occupational negligence, caused the victim G to inflict injury on sugars, etc., which had no standing room in two open for about four weeks, and caused the victim K (n, 24 years old) who was accompanied by the cab in the victim G.