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(영문) 서울동부지방법원 2015.04.09 2014고단3972
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 04:00 on September 24, 2014, the Defendant driven CM7 car under the influence of alcohol without obtaining a driver’s license for a vehicle driving license for about 5km from the front of the head of Sipon in which the trade name of the Jyang-dong, Seoul is unknown to the roads adjacent to the Gunn-dong, Seongdong-gu, Seoul to the roads adjacent to the dong-dong, Seongdong-gu, Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those engaged in driving of CM7 Motor Vehicles;

The Defendant driven the said car while under the influence of alcohol concentration of 0.09% at a time as above in paragraph (1), and changed the three-lanes into three-lanes while driving the said car at a speed of which it is impossible to identify the two-lanes in accordance with the military direction from the opposite side of the Sung-gu Seoul Metropolitan Government military intersection, by driving the said car at a speed of 0.09%.

At the time, the driver was a motor vehicle driving in high speed. In such a case, there was a duty of care to safely change the course and prevent accidents in advance, so that the person engaged in driving service could not interfere with the normal driving of the vehicle in the lane that intends to change the course while living well.

Nevertheless, the Defendant did not properly examine whether there are three-lanes of vehicles, but by changing the course of the vehicle as it is, caused the victim D (30 years of age) who was driving at the right side of the Defendant’s vehicle into three-lanes, and was driven by the victim D (30 years of age).

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc., in need of treatment for about two weeks due to the above occupational negligence, and at the same time repair costs equivalent to KRW 700,000,000.

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