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(영문) 수원지방법원 안양지원 2016.08.23 2015고단1943
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal history] On March 12, 2015, the Defendant issued a summary order of KRW 5 million to the Incheon District Court for a violation of the Road Traffic Act (drinking driving), the summary order of KRW 2 million for the same crime in the same court on August 28, 2013, and the summary order of KRW 3 million for the violation of the Road Traffic Act (drinking driving) and for the violation of the Road Traffic Act (drinking driving) on November 4, 2011.

[Criminal facts] The Defendant is a person who is engaged in driving a passenger car of B low-priced typ.

1. On September 4, 2015, the Defendant: (a) driven a motor vehicle with B low alcohol level of 0.144% while under the influence of alcohol at a section of approximately 100 meters from D shooting distance near Si, Mapo-si, Mapo-si; (b) on September 23:3:36, 2015, the Defendant driven a motor vehicle with B low alcohol level of 0.14% without obtaining a driver’s license.

2. Around September 4, 2015, the Defendant violated the Act on the Aggravated Punishment of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (U.S.A.) (U.S.) driving a motor vehicle with the above high speed of PP around September 23:36, 2015, and led the frontway of the DP in the military via U.S. C in the direction of U.S. in the direction of U.S. I., while driving a motor vehicle with the highest speed in the direction of U.S.,

In such a case, although a person engaged in driving a motor vehicle has a duty of care to safely drive the steering gear and brakes by accurately operating the steering gear and brakes, the defendant, while neglecting it under the influence of alcohol and by negligence bypassing it without neglecting it, has the victim E ( South, 13 years old) who was crossing the crosswalk on the right side from the left side of the running direction of the defendant's bicycle side part of the victim E (the victim) who was crossing the bicycle in the right side in the direction of the defendant's driving direction and had the victim go beyond the floor.

Defendant 1 suffered approximately three weeks of high fluorial fluoral fluoral fluor’s fluoral fluoral care to the victim due to such occupational negligence.

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