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(영문) 서울중앙지방법원 2014.11.19 2014고단7471
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 29, 2014, the Defendant was sentenced to a suspended sentence of two years on October 2, 2014 by a Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the said judgment was finalized on October 2, 2014.

1. The Defendant is a person engaging in driving service of CK3 vehicles.

On August 9, 2014, at around 06:40, the Defendant driven the said K3 car while under the influence of alcohol with 0.113% of the blood alcohol concentration without a car driver’s license, and led the said K3 car to the e-mail line in front of the E-mail point in Gangnam-gu Seoul Metropolitan Government, at the speed of the parallel to the e-mail station from the side of the next hospital.

In this case, the driver has a duty of care to prevent the collision with other vehicles standing on the road by keeping the front door and left door well and safely driving in the state of being drunk.

Nevertheless, under the influence of alcohol, the Defendant was not negligent in driving the car in full on the right side of the Defendant’s proceeding, but did not discover G SPP car, which is the victim F, owned by the victim F, standing on the right side of the Defendant’s proceeding, and received the part of the car in front of the right side of the said K3 car.

After all, the Defendant, by such occupational negligence as above, destroyed the car owned by the victim to take approximately KRW 2,55,600 of the repair cost, and left the scene without taking necessary measures.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Non-accident) are those engaged in driving CK3 cars;

The Defendant driven the said K3 car while under the influence of alcohol content of 0.113% without a driver’s license as stated in the above paragraph (1), at the date and at the place of the foregoing paragraph (1), and escaped after having caused a traffic accident, and the Defendant was on the front of the I cafeteria located in Gangnam-gu Seoul Metropolitan Government H.

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