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(영문) 서울동부지방법원 2015.01.22 2014고단3753
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

1. On August 28, 2008, the Defendant was sentenced to a juvenile protective disposition from the Sung-nam Branch of the Suwon District Prosecutors' Office to a violation of the Road Traffic Act at the Sung-nam Branch of the Suwon District Prosecutors' Office, and on June 30, 2010, the Defendant was sentenced to a suspended sentence for four months for a violation of the Road Traffic Act at the Sung-nam Branch of the Suwon District Court.

On September 13, 2014, at around 02:50, the Defendant driven a Category B Ma motor vehicle under the influence of alcohol concentration of about 0.150% from approximately 500 meters in the section of 500 meters of blood alcohol level to the roads of 258, Seongdong-gu Seoul, Seongdong-gu, Seoul.

Accordingly, the defendant, who violated the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (Non-accident) are those engaged in driving a B Eth Motor Vehicle;

On September 13, 2014, at around 02:55, the Defendant driven the said car while under the influence of alcohol, as described in paragraph (1), and led the road front of 258, Seongdong-gu Seoul, Seongdong-gu, Seoul, to proceed from the king, about 30km to the Mak Middle School at a speed of about 30km.

At the time, it is at night and at a place where the left turn is prohibited by crossing the road where the center line of the yellow-ray is installed, so there was a duty of care to thoroughly operate the front left and to prevent accidents in advance by safely operating the car line.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left at the center line while driving on the road, was driven by the injured party C (Nam, 63 years old) who was driving on the road by negligence, and received the part on the left side of the said marina car from the left side of the said marina car.

Ultimately, the Defendant’s above occupational negligence provides approximately two weeks of medical treatment to the above victim.

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