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(영문) 춘천지방법원 영월지원 2013.03.26 2013고단16
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 20, 2007, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act from the Young-gu branch of the Chuncheon District Court on November 25, 201.

1. Around January 21, 2013, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) operated a Cgallon II motor vehicle under the influence of alcohol with approximately 1.5km in the section of about 0.13% of alcohol level, without a driver’s license, at the section of the 1.5km at the entrance of the Young-gu ju, Young-gu, Young-gu, Gangwon-gu, Young-gu, Gangwon-gu, Seoul, to the front day of the Dondong-gu, Young-gu, Young-gu, Gangwon-gu, Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doging Vehicles) is a person engaged in driving Cgallon II motor vehicles;

On January 4, 2013, at around 21:08, the Defendant driven the foregoing vehicle under the influence of alcohol level of 0.133% without obtaining a driver’s license as referred to in paragraph (1) in front of the Dominian, Young-gun, Young-gun, Young-gu, Young-gu, Seoul, and led the vehicle to drive at a speed of 0.13%, depending on one-lane roads depending on one-lane roads.

Since there are two-way lanes in which crosswalks are installed, a person engaged in driving service has a duty of care to check the safety of course by properly examining the pre-way system prior to the right of way and then make a right of way.

Nevertheless, the Defendant, while being under the influence of alcohol, failed to neglect it and did not avoid the victim D (e.g., 57 years of age) who was crossing the said road by towing the finger on the right-hand part of the motor vehicle. As such, the Defendant got the front part of the said victim's fingers in front of the right-hand part of the motor vehicle driving by the Defendant, and let the victim go beyond the floor.

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