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(영문) 서울중앙지방법원 2016.10.05 2016고단5189
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 26, 2007, the Defendant was sentenced to a fine of 1.5 million won for the crime of violating the Road Traffic Act at the Seoul Central District Court on February 23, 2009, and was issued a summary order of 1.5 million won for the crime of violating the Road Traffic Act at the Seoul Western District Court on February 23, 2009, and on June 27, 2012, the Defendant was sentenced to imprisonment of 2 years and six months for the crime of causing rape at the Suwon District Court on December 9, 2014, and completed the execution of the sentence at the Ansan Prison on December 9, 2014.

【Criminal Facts】

1. On January 19, 2016, the Defendant was under the influence of the Act on the Aggravated Punishment, etc. of Specific Crimes (D) and the Road Traffic Act (SP) on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (SP) and the Defendant was driving C Ecccoo car with a blood alcohol concentration of 0.193%, and led the front road of E Hospital located in Gangnam-gu Seoul, Gangnam-gu to the direction of the Guro 28-ro 86-way.

In such cases, the defendant who drives a motor vehicle has a duty of care to check the safety of the course as well as the safety of the front left, and to prevent the accident in advance.

Nevertheless, while under the influence of alcohol, the Defendant was driven by the victim F, who was in the direction of the 86-way on the port side of the debate, due to negligence by neglecting the above duty of care, and was driven by the victim F, who was in the direction of the debate. The lower part of the front part of the G bodyle-man car driving by the Defendant was the front part of the driver's seat of the vehicle of Ecoos.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the right shouldered salt, etc., requiring treatment for about two weeks, and at the same time, destroyed the said body-man car to fill in KRW 3,016,055, such as an exchange of the left-hand even back door, and escaped without taking necessary measures, such as stopping and saving the victim.

2. The defendant is responsible for the violation of the Road Traffic Act (driving) at the time and time specified in paragraph (1) of this Article, which is located at 115-gil, Gangnam-gu, Seoul.

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