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(영문) 서울남부지방법원 2013.04.18 2013고단494
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

On October 20, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Chuncheon District Court on October 20, 2009, and a fine of KRW 4 million for a violation of the Road Traffic Act at the Incheon District Court's Busan District Court's Branch on August 9, 2012.

1. On January 1, 2013, the Defendant driven BK 7 vehicles without obtaining a driver’s license under the influence of alcohol level of 0.102% at the front of the oil station located in the Seobandong of Gangseo-gu Seoul Metropolitan Government, even though he had a history of driving under the influence of alcohol more than twice.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accident after Accidents) have driven the above BK7 vehicles around 11:30 on January 1, 2013, the Defendant driven the above BK7 vehicles, leading the three-lane way in front of the oil station in Gangseo-gu Seabrate, from the direction of Gangseo-gu Office, to the erode of the said road at a speed of about 60km per hour.

At that time, the road was cut down due to the ice of the road, and on the front side, the vehicle was stopped due to the vehicle that could not enter the left-hand lane, so there was a duty of care to safely drive the vehicle by reducing the speed and checking well.

Nevertheless, the Defendant neglected this and did not discover that the victim C(the age of 24) driving vehicles run ahead of the vehicle in front of the victim C in the front part of the vehicle in front of the vehicle in front of the defendant's failure to find that the victim C (the age of 46) driving in front of the vehicle in front of the vehicle in front of the vehicle in front of the defendant's failure to drive the vehicle in front of the vehicle in front, and due to the shock, the victim C's vehicle in front of the vehicle in the victim E (the age of 46), and the victim E's vehicle in order that the victim E is driving.

Therefore, the defendant is obliged to provide the victim C with approximately two weeks of medical treatment due to the above occupational negligence.

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