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(영문) 의정부지방법원 2019.05.14 2019고단372
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On October 11, 2012, the Defendant was sentenced to five years in Seoul High Court to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and completed the execution of the sentence at a port prison on April 11, 2017.

1. On September 6, 2018, the Defendant was driving a BMW430-i car under the influence of alcohol concentration of 0.158%, while under the influence of alcohol alcohol concentration of 0.158%, from the French fishing place located in the Namdo-Eup, Namyang-si, Yangyang-si to the 53.2km point in Yangju-si, the CMW430-i car.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving BMW430i automobiles.

On September 6, 2018, the Defendant driven the said car at around 07:30 on September 6, 2018, and led the Defendant to drive the said car at a point of 53.2 km in Seoul, the outer circulation Highway at the intersection of the two cities, along the one-lane between the intersection and the intersection of the upper intersection.

There are two-lanes that prohibit the change of lanes into a tunnel, and since the victim C is driving the D Ski Cargo, there was a duty of care to safely drive the car along the lane by properly operating the brake and steering gear for the person who is engaged in the business of driving the car.

Nevertheless, as described in Paragraph 1, the Defendant was negligent in failing to properly operate the steering direction and brakes while under the influence of alcohol, and was negligent in driving more than two lanes on the right-hand part of the car driven by the said Defendant, and received two lanes on the left-hand part of the car driven by the said Defendant.

Ultimately, the Defendant’s negligence in the course of performing the above duties to the injured party C, who is a cargo driver of the relevant Ireland, requires approximately two weeks of treatment.

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