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(영문) 대전지방법원 천안지원 2013.07.19 2013고단575
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal record] On May 9, 2008, the Defendant received a summary order of KRW 3 million in the above court on November 26, 2012 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), a violation of the Road Traffic Act (Dangerous Driving) and a fine of KRW 7 million.

【Criminal Facts】

1. On April 23, 2013, the Defendant was driving a 2k section from the road in front of the influence 0.124% of the blood alcohol level in the Asan-dong while under the influence of alcohol at around 19:20 on April 23, 2013 to the front road of the hot spring village apartment located in the same time-dong.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act is the owner of the said van. The Defendant operated the said vehicle, which was not covered by mandatory insurance at the same time and place as the foregoing paragraph (1).

3. The defendant is a person who is engaged in driving service of the above combined vehicles in violation of the Aggravated Punishment, etc. of Specific Crimes;

The defendant driving the above-mentioned apartment in the temporary border as stated in the above paragraph (1) and entering the front three-lanes of the two-lanes of the two-lane road from the center of the central elementary school. The defendant moved the front three-lanes of the three-lane road from the side of the three-lane apartment room to the irregular speed.

At night, the place is located at night, and the right-hand signal lights and crosswalks are installed. However, the defendant not only obtained a driver's license as stated in the above paragraph (1) but also was under the influence of alcohol, so the defendant has a duty of care to stop the driving without delay and stop the vehicle at a safe place.

Nevertheless, the defendant is taking a driving while neglecting this, and a person who gets on a crosswalk.

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