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(영문) 서울북부지방법원 2016.06.23 2016고단1256
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 11, 2008, the Defendant received a summary order of a fine of one million won or more due to a violation of road traffic laws at the Jung-gu District Court on July 11, 2008, and a fine of two million won or more due to a violation of road traffic laws at the Seoul Northern District Court on November 4, 2008.

On February 29, 2016, at around 23:45, the Defendant driven a car with low alcohol content of at least 0.134% in alcohol on a section of about 100 meters from the “public sugar” located on the 61-lane, Dobong-gu Seoul Metropolitan Government Nowon-gu, to the entrance shooting distance from the 517-ro of the same Gu.

Accordingly, even though the Defendant, while under the influence of alcohol, was in violation of the Road Traffic Act more than twice, he again driven a motor vehicle while under the influence of alcohol.

2. The defendant is a person who is engaged in driving a motor vehicle with the highest bid price in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escapeing vehicles) and the Road Traffic Act (ii).

Defendant 1, while under the influence of alcohol content 0.134% during the blood transfusion of the above day, was driven by the said vehicle and driven the entrance distance from the boundary of Dobong-gu Seoul Metropolitan Government 517 on the side of the Seocho-gu Seocho-gu from the side of the Seocho-gu.

At the time, there is an intersection where signal, etc. is installed at night and at the front, there was a duty of care to prevent accidents by driving a person engaged in driving a motor vehicle by reducing speed and taking a well-being signal.

Nevertheless, even if the Defendant neglected this and reported that the signal, etc. is changed to a stop signal, the Defendant entered the intersection as it is, and the victim D (54 ) who was straight from the right side to the two sides of the road is the front part of the E K5-si's vehicle driven by the Defendant, and the entire part of the E K5-si's vehicle driven by the Defendant is turned into the right side part of the car driven by the Defendant, and is parked in two-lanes of the moving direction.

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