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(영문) 의정부지방법원 고양지원 2019.06.20 2019고단317
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc.) is a person engaging in driving a motor vehicle B B.

On February 2, 2019, the Defendant driven the said car under the influence of alcohol level of 0.243% on blood alcohol level around 00:01, and continued the front of the 3 public parking lot under the 3rd Dong-dong-dong 19-19, Seoyang-gu, Mangyeong-gu, Goyangyang-gu, Goyangyang-do.

At the time, commercial buildings, such as convenience stores and restaurants, are located on the side of the road, and in such cases, the driver has a duty of care to check the surrounding traffic situation and safely drive the road and prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and neglected to perform the duty of junizing the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) continued to drive the said car continuously after causing a traffic accident as set forth in paragraph 1 above, and continued to run the said car at the intersection in front of G high school located in F in U.S. Mangsan-dong, Seoyang-si, at the center of the road

At that time, since there is a signal apparatus, in such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle in accordance with the signals.

Nevertheless, the defendant is negligent in doing so.

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