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(영문) 서울남부지방법원 2013.09.05 2013고단2211
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

On October 31, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Busan District Court’s Busan District Court’s Busan District Court’s Branch on October 31, 2008, and was sentenced to a fine of 5 million won for a violation of the Road Traffic Act at the Seoul Southern District Court on August 24, 2012.

The Defendant is a person engaging in driving a leisure car B.

1. The Defendant violated the Road Traffic Act (unlicensed driving) and the Road Traffic Act (driving without a license) from August 20, 2012 to the date of revocation of the driver’s license, but under the influence of alcohol of 0.140% from April 11, 2013 to 05:30, the Defendant driven the said car at the section of about 50km from the front of the water storage located in the Yeongdeungpo-gu Seoul Metropolitan City (1052-45) to the front of the high-class library located in the area of about 10km of Guro-gu, Seoul Metropolitan City to the front of the high-class library located in 9-14.

As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle under the influence of alcohol.

2. Around 05:30 on April 11, 2013, the Defendant was driving the said car under the influence of alcohol as stated in the foregoing paragraph (1) and led the five-lane road in the vicinity of the intersection of the Guro-gu Seoul Metropolitan City, Guro-gu, to drive the said car under the influence of alcohol at approximately 20-30 kilometers per hour depending on the two-lanes adjacent to the Central Bus Exclusive Road in the direction of the Gu road from the upstream of the road to the high direction.

At that time, the front of the place is the intersection of the distance, and the Dunta car driven by the victim C(59 years old) was stopped by the signal signal atmosphere in order to make the left turn at the intersection.

In this case, a person engaged in driving service has a duty of care to properly look at the traffic situation on the front side and to properly deal with and safely proceed with the steering direction, brakes, etc. of his/her vehicle.

Nevertheless, due to occupational negligence, the defendant neglected this and proceeded without living well before, while under the influence of alcohol.

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