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(영문) 서울중앙지방법원 2016.06.22 2016고단438
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On June 13, 2007, the defendant was sentenced to a fine of three million won for a crime of violating road traffic law (drinking driving) at the Seoul Southern District Court, and on February 18, 2011, a summary order of the same kind other than those issued to a fine of one million won by the Seoul Southern District Court on February 18, 201 is more than twice, and on August 27, 2015, the defendant was sentenced to a suspended sentence of six months for an attempted crime by imprisonment with prison labor at the Seoul Southern District Court on June 27, 2015.

[Criminal facts]

1. On May 1, 2015, the Defendant, while under the influence of 02:20% of alcohol during blood transfusion, driven a knife vehicle with the 0.116% alcohol during the influence of around May 1, 2015, and changed the lane into one lane on the front line of the two-lane 87-lanes in Seoul, Dongjak-gu, Seoul, while driving a knife vehicle with the upper limit of 0.116%.

Since signal lights are installed on the front side of that place, in such cases, the driver of the vehicle has a duty of care to check whether there is a person who gets on the front side and the left side of the vehicle, and to safely drive the vehicle in accordance with the new subparagraph.

Nevertheless, due to the negligence of disregarding and proceeding the stop signal, the Defendant received the right side of the victim C(38 tax) crossing the crosswalk from the right side to the left side of the crosswalk in accordance with the pedestrian signals.

Ultimately, even if the Defendant suffered injury, such as the left-hand slots and the outer frameworks, etc. in need of approximately eight weeks of treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the injured party.

2. The Defendant, who violated the Traffic Act on the Road, is in Seoul at the same time as that described in paragraph (1).

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