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(영문) 서울서부지방법원 2018.12.06 2018고단2774
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

Reasons

Punishment of the crime

On February 14, 2002, the Defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act (drinking driving), etc. at the Suwon District Court on February 1, 2006, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court on February 1, 2006, and on October 18, 201, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) at the Seoul Western District Court on October 18, 201. On October 1, 2015, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (drinking driving) at the Seoul Western District Court on February 29, 2016.

The defendant is a person who is engaged in driving a Bchip car.

1. On January 24, 2018, the Defendant was under the influence of the alcohol content of 0.133% in blood without obtaining a driver’s license for a vehicle on or around 03:40 on January 24, 2018, the Defendant driven a fluor vehicle at approximately 29km from the road front of the trade name in the vicinity of the Mapo-gu Seoul Mapo-gu public morals to the front road of the Goyang-si.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes" and the violation of the Road Traffic Act (hereinafter referred to as the "accident") were under the influence of alcohol concentration of 0.133% among the blood transfusions during the day-to-day period under paragraph (1) and led to the following five-lanes of the five-lanes of the speed between the five-lanes of the width of the road in the direction of the Pyeongyang-gu in Seoul, Seoyang-gu.

In such cases, a person engaged in driving duties of a motor vehicle has a duty of care to care in advance by accurately manipulating the steering gear and brakes and to prevent accidents.

Nevertheless, the Defendant neglected to do so and operated in the same lane as that of a motor vehicle driver without obtaining a driver's license as in paragraph (1) and without properly examining the breath and right and the right and the right and the right and the right are in the same way.

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