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(영문) 서울북부지방법원 2018.09.06 2018고단2045
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

1. Around 03:50 on April 14, 2018, the Defendant driving a D-wing truck with alcohol level of about 1km from the 1km section from the front of the Defendant’s “C” restaurant located in Dobong-gu Seoul Metropolitan Government, to the front of the Dobong Station located in the same Dong-gu, Dobong-gu, Seoul, to the Dobong Station, while under the influence of alcohol level of 0.167%.

2. The Defendant is a person who is engaged in driving of a D cargo vehicle as described in the preceding paragraph, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and in violation of the Road Traffic Act (or the injury).

On April 14, 2018, the Defendant driven an above cargo vehicle around 03:50 on April 14, 2018, and led to two lanes in order to turn to the left on the road of the Dobong-dong in Dobong-gu Seoul Metropolitan Government.

At the time, the vehicle was at night and at the same time an intersection with a vehicle signal apparatus, and in such a case, there was a duty of care to observe the vehicle signal to a person engaged in driving business, and thoroughly manipulate the steering direction and brake system at the front time to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and did not follow the traffic signal in drinking condition, and did not properly see the steering direction and brakes without properly operating the steering direction and brakes, and was driven by the victim E(48 Systna-si) under normal direct control according to the traffic signals, which was driven by the victim E(48 S) without properly operating the steering direction and brakes.

Ultimately, the Defendant, by the foregoing occupational negligence, suffered salt, tensions, etc. from the Defendant’s string that requires approximately three weeks’ medical treatment, and the Defendant also suffered from the victim G (the 45 years old), who is the passenger of the said taxi, about two weeks’ medical treatment.

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