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(영문) 의정부지방법원 고양지원 2016.12.15 2016고단2019
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 30, 2012, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act by committing a crime of violation of the Road Traffic Act in the Goyang Branch of the District Court of the Republic of Korea on November 30, 2012, and on August 16, 2013, the same court issued a summary order of KRW 5 million for the same crime, etc.

On April 7, 2016, around 22:10, the Defendant driven a clater under the influence of alcohol content of approximately 0.143% in a section of about 5km from the front day of the maartart-dong, Yongsan-gu, Busan Metropolitan City to the front day of the Goyang-si, Goyang-si, Seoyang-si, the Defendant driven a clater under the influence of alcohol content of about 0.143%.

As a result, the Defendant violated the duty of prohibition of driving under the influence of alcohol under the Road Traffic Act more than twice, and driving a motor vehicle under the influence of re-driving.

2. The defendant is a person who is engaged in driving of a motor vehicle without a driver's license in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On April 7, 2016, the Defendant, while under the influence of alcohol, as described in Paragraph 1, proceeded with a four-lane road of 1496 in the center of Goyang-gu, Seoyang-gu, Seoyang-si along the two-lane radius from the area of the lake park to the area of the dialogue.

At night, there was an intersection where signal lights were installed at the front door, and the defendant had the duty of care to ensure and proceed with the safety distance that can be avoided in case the driver of the motor vehicle is well aware of the situation and the injured motor vehicle stops at the same direction because the victim D (the age of 29) driving motor vehicle was driven in the same direction.

Nevertheless, the Defendant was unable to avoid the damaged vehicle stopped for the signal waiting at the above intersection due to the negligence of driving the vehicle in the vicinity while neglecting this, and received the back part of the damaged vehicle by the Defendant’s driver in front of the vehicle.

Ultimately, the Defendant is above.

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