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(영문) 서울북부지방법원 2018.07.26 2018고단1976

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 2, 2018, the Defendant received a summary order of KRW 2 million from the Seoul Northern District Court to a fine of KRW 1 million for a crime of violating road traffic laws, and a summary order of KRW 1 million for a crime of violating road traffic laws at the Seoul Central District Court on September 4, 2006.

【Criminal Facts】 The Defendant is a person who is engaged in driving a motor vehicle in Cradar.

1. On March 21, 2018, the Defendant driven the said vehicle without a driver’s license while under the influence of alcohol content of about 0.073% at the distance of about 5km at the entrance of the Gyeongnam apartment located in the field of Nowon-gu in Seoul, Nowon-gu at around 22:16, March 21, 2018, at around 21:30, around March 21, 2018, at around 21:16, the Defendant driven the said vehicle without a driver’s license, while under the influence of alcohol content of about 0.073% in blood.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the equivalent) and violation of the Road Traffic Act (the measures not taken after the accident);

A. On March 21, 2018, the Defendant, while under the influence of alcohol, driven the said car without a driver’s license, and proceeded with the main road in front of the Gan apartment, which is located in the same 183-lane 34, Nowon-gu in Seoul Special Metropolitan City, with the Hancheon-gu, Hancheon-gu, one parallel of the three-lanes, at the speed of 40-50km between the two-lanes.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to check safety and prevent accidents by driving the motor vehicle well by checking the direction and the direction of the driving.

Nevertheless, the Defendant neglected to do so, while driving in the same manner as above, and the part behind the damaged vehicle is the front part of the said vehicle driven by the Defendant.