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(영문) 의정부지방법원 2021.02.17 2020고단5210
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2013, the Defendant issued a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act at the Seoul Western District Court on May 21, 2013; a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act at the Jung-gu District Court on July 7, 2015; and a summary order of KRW 1.5 million to a fine at the same court on July 6, 2017.

The defendant is a person who is engaged in driving a BP car.

1. On August 15, 2020, the Defendant: (a) violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) driving of the said d motor vehicle under the influence of alcohol level of 0.181% while under the influence of alcohol level of 0.181%, without obtaining a driver’s license from the front of C in the south-si, Chungcheongnam-si to D in about two kilometers from the south-si.

Accordingly, the Defendant transferred a motor vehicle without obtaining a driver's license, and at the same time violated the prohibition of drinking at least twice.

2. On August 15, 2020, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or injury caused by dangerous driving), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (and violation of the Road Traffic Act) and violation of the Road Traffic Act (or injury after an accident), made a turn to the left at a speed of about 40 kilometers per hour depending on the speed of about 40 kilometers per hour between the five lanes in the direction of F department stores in the direction of G.

At night, the above place was set at night, and the passage of another vehicle is at the intersection where the passage of another vehicle is controlled by signal apparatus due to the connection between the road of eight-lanes and the road of seven-lanes, and therefore, there was a duty of care to prevent traffic accidents by properly operating the steering system and the brakes.

Nevertheless, as described in paragraph 1, the defendant is inaccurate to have the influence of drinking, the walking is a little secret, and the blood is very red.

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