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(영문) 의정부지방법원 고양지원 2014.08.22 2013고단2402
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. On September 26, 2008, the Defendant received a summary order of a fine of one million won or more as a crime of violating the Road Traffic Act in the Goyang Branch of the District Court of the Republic of Korea on September 26, 2008, and a fine of 4.5 million won or more as a fine in the same court on May 8, 2012, respectively.

On November 25, 2013, around 23:18, the Defendant driven the 7080 cans, which are located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, with a blood alcohol concentration of about 0.097% from the 3km section to the 304-on ground parking lot in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those engaged in driving Dk5 vehicles.

On November 25, 2013, the Defendant driven the said vehicle at a speed of 0.097% with alcohol concentration of 0.097% on blood alcohol level around 23:18, and went away from the inside of the lower parking lot in front of the building, and turned down at a speed of about 10km per hour at the front of the building.

At night and on the road at that time, the Fra car driven by the victim E (n, 26 years old) was in operation of an emergency and stopped, so there was a duty of care to prevent accidents, such as the driver of the vehicle, the driver of the vehicle was well aware of the situation, securing a safe distance to avoid the said car, and driving the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, took any measure against the victim E’s back-side wheel part of the victim E’s above rash which the Defendant is driving.

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