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(영문) 춘천지방법원 강릉지원 2013.06.13 2013고단254
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On October 7, 2003, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court, and on April 27, 2010, issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act (driving) at the Gangseo branch court of the Chuncheon District Court, and on September 13, 2012, issued a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On March 30, 2013, the Defendant started driving from the roads in front of the yellow knife in the Gangnam-dong of Gangseo-si on March 21, 2013. On the same day, around 22:00 on the same day, the Defendant driven a e-hurd-hurd vehicle with a blood alcohol concentration of about 0.242% under the influence of alcohol without obtaining a driver’s license from the section of approximately 3.5 km to the roads in front of the Industrial Bank of Korea located in Gangseo-si, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (U.S.) are those engaged in driving of E-hurd motor vehicles;

On March 30, 2013, the Defendant driven the said vehicle under the influence of alcohol of 0.242% without obtaining a driver’s license on March 22, 2013, and led to the running of the said vehicle at approximately 40 to 50 km from the edge of the Industrial Bank of Korea located in Gangseo-si, Gangwon-si, to drive the said vehicle at the speed of about 0 to 50 km.

Since there is an intersection where signal lights are installed, there was a duty of care to accurately operate the steering and steering system for those engaged in driving of the motor vehicle and drive the motor vehicle safely according to the signals.

Nevertheless, the defendant neglected this and operated the red signal as it is in violation of the signal, and the defendant's negligence towards the right side from the left side of the running direction of the defendant.

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