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(영문) 서울중앙지방법원 2020.01.16 2019고단5407
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 18, 2017, the Defendant was sentenced to one year of imprisonment with prison labor and three years of suspended execution due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by the Seoul Northern District Court on May 18, 2017, and the said judgment became final and conclusive on May 26, 2017, and on January 9, 2018, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution, and the said judgment becomes final and conclusive on January 17, 2018,

On June 29, 2018, the Defendant was sentenced to six months of imprisonment for fraud in the Suwon District Court's Sungnam branch, and the judgment became final and conclusive on November 15, 2019.

"2019 Highest 5407"

1. Around 08:55 on February 23, 2019, the Defendant driven an ENAS car without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.076% from the section of about 800 meters around the convenience store near Gangnam-gu Seoul Metropolitan Government Btel to the front road of Gangnam-gu Seoul, Gangnam-gu Seoul, without obtaining a driver’s license.

2. The accused is a person engaged in driving a NAS car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Road Traffic Act, violation of the Road Traffic Act, and violation of the Road Traffic Act;

On February 23, 2019, the Defendant driven the said car without obtaining a driver's license at around 11:48 on February 23, 2019, and proceeded along the five-lane road in front of the Seoul Gangnam-gu Seoul F G point from the scco-distance bank to the 5-lane distance bank.

At this point, since it is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely according to good faith.

Nevertheless, even though the Defendant neglected this, the Defendant’s negligence in proceeding with the vehicle stop signal, followed the left side of the victim I(45 years old-old driving)’s JWz car, which was bypassing the Samsung Station distance on the part of the Hadle Htel room, in violation of the signal.

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