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(영문) 광주지방법원 2013.07.25 2013고단2617
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 13, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court due to a violation of the Road Traffic Act (driving). On October 2, 2007, the same court issued a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (driving). On July 19, 2012, the same court was sentenced to a fine of KRW 6 million by the same court.

【Criminal Facts】

1. On May 6, 2013, the Defendant was under the influence of 0.152% of alcohol concentration without a vehicle driver’s license, even though he had been sentenced to punishment for driving two or more times as above, the Defendant driven BM5 car in the 2km section from the front side of the two-km apartment-dong, Gwangju Northernbuk-gu, Seoul, to the front side of the same 896-1.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those who are engaged in driving a BM5 vehicle;

On May 6, 2013, at around 22:32, the Defendant driven the said car with a blood alcohol concentration of 0.152% without a vehicle driver's license, and changed the two-lane road in front of the two cancer districts in Gwangju Northern-gu into an irregular speed depending on the slope of the U.S. white road in the front of the two cancer districts in Gwangju Northern-gu, the Defendant changed the two-lane to a two-lane.

At night, the victim C(the age of 28) is driving on the two-lane, so in such a case, the person engaged in the vehicle driving duty has a duty of care to inform the right side of the change of the lane in advance and to ensure the safety of the course by properly examining the right side, and to prevent the accident by changing the lane.

Nevertheless, the defendant neglected the above duty of care due to influence of drinking and changed the lane.

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