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(영문) 서울중앙지방법원 2013.03.08 2013고단352
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

1. On December 4, 2012, the Defendant did not obtain a driver’s license, and around 07:00 on December 4, 2012, at around 07:50 on the same day, the Defendant driven C UAD car under the influence of alcohol with a blood alcohol content of about 0.154% at the section of about 5km from the 32-83333, Seocho-gu, Seoul, distribution Dong of Seocho-gu to the nearest area of the bus stops in front of the apartment Adong, regardless of whether it is an apartment A or not.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.A.) are those who are engaged in driving of an AD passenger vehicle listed in paragraph 1.

On December 4, 2012, at around 07:32, the Defendant driven the said car under the influence of alcohol without obtaining a driver’s license as above, and led to a five-lane road in front of the KCC building located in Seocho-gu Seoul, Seocho-gu, Seocho-gu, Seoul to proceed about about 40 km a speed of about 40 km in the direction of the intersection in the direction of distribution or the direction of distribution.

At the time, the Defendant was proceeding following the E-A-Wurn-Wured Motor Vehicle driven by the Victim D (Age 48), and thus, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to prevent in advance any sudden accidents with the previous motor vehicle by properly examining the progress of the motor vehicle in front, maintaining a safe distance, and accurately manipulating the brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not conduct the operation of the front time and the vehicle on the wind, and received the front part of the said Awdddi vehicle with the front part of the said Awddi-lur vehicle, and received the part behind the said Awddi-lur vehicle as it is.

Ultimately, the Defendant suffered injury to the victim, such as satisfe, which requires treatment for about two weeks by occupational negligence as above, and even though the Defendant damaged the said Aburgt-turged passenger vehicle in KRW 2,755,298, it was immediately stopped to rescue the victim, etc.

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