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(영문) 서울동부지방법원 2015.04.29 2015고단609
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

The defendant is a person who is engaged in driving a B-hand vehicle.

1. Around 00:30 on December 13, 2014, the Defendant driven the said vehicle while under the influence of alcohol by about 0.130% in a section of about 3km from the front day of the Hemart department store located in Songpa-gu Seoul Metropolitan City, Songpa-gu to the diving station distance located in 305 in the same Olympic Games.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (U.S.) on December 13, 2014, the Defendant driven the said vehicle under the influence of alcohol level of 0.130% on blood alcohol level around 00:30 on December 13, 2014, while driving the said vehicle, thereby driving the vehicle at a speed of 5 lanes in front of Songpa-gu Seoul Olympic Games, 326 lanes from the Tri-gu office to the eff of Songpa-gu Office.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant, by negligence of neglecting his duty of care in front of the front-round city, was driven by the victim C(the age of 65) who was waiting in front of the stop signal in front of the same direction, and the part of the driver's length in front of the said passenger's vehicle was driven by the victim E(the age of 66) who was driving in front of the said taxi. Accordingly, the Defendant got the driver's length behind the said passenger's vehicle driven by the victim E(the age of 66).

The Defendant, by such occupational negligence, caused the victim C to suffer injury, such as salt fat, etc., in need of medical treatment for about 10 days, and caused the victim G (38 years of age) who was on board the victim E and the franchise-based car to suffer injury, such as catum salt fat requiring medical treatment for about 2 weeks, and at the same time, the repair cost, such as exchange of the board, etc., after the victim C-owned taxi, is 9,353.

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