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(영문) 서울동부지방법원 2015.01.15 2014고단3491
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

The Defendant is a person who is engaged in driving a CNF car.

1. The crime committed on August 9, 2014;

A. A. Around August 23:45, 2014, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.143% from the direction of the E convenience store in Gwangjin-gu Seoul Special Metropolitan City to the shooting distance in the Seongdong-gu Seoul Metropolitan Area.

B. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (D) and Violation of the Road Traffic Act (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes") have been operated in front of the E convenience store in Gwangjin-gu Seoul Special Metropolitan City, and the said vehicle has been changed from three lanes to two lanes.

In such cases, the driver has a duty of care to prevent accidents in advance by changing the vehicle line safely as he/she takes well into account the traffic conditions of the front and rear left.

Nevertheless, while under the influence of alcohol, the Defendant neglected to stop the vehicle and changed the vehicle line as it is without examining the front and rear left, and instead changed the vehicle line at two-lanes, the Defendant, following G taxi driven by the victim F, who was driving in the two-lanes of the said vehicle, suffered bodily injury, such as climatic salt, etc. in need of treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as providing relief to the victim and reporting to the police office.

2. The crime committed on August 10, 2014;

A. From around 04:10 on August 10, 2014, the Defendant driven the said vehicle under the influence of alcohol by 0.134% at the 1km section from the front day of the Yacheon-dong, Gangdong-gu, Seoul to the front day of the 62-way route in Gangdong-gu, Seoul.

B. On August 10, 2014, the Defendant violated the Road Traffic Act (if the Defendant was involved in an accident, then on August 10, 2014).

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