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(영문) 서울중앙지방법원 2015.01.14 2014고단8110
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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. The defendant is a person who is engaged in driving service of the B1 ton of a ship in accordance with the Road Traffic Act and the Road Traffic Act.

At around 01:20 on August 15, 2014, the Defendant driven the above vehicle with a blood alcohol concentration of 0.131%, and proceeded from the 370-lane of the Seoul Special Metropolitan City, the new road of Gwanak-gu to the 372-lane of the 372-lane of the 372-lane of the new road of Gwanak-gu, Seoul Special Metropolitan City, the Defendant turned to the sloping shopping.

At the time, there was a crosswalk in which signal lights are installed, and at the front of the defendant's running direction, the D taxi of C driver temporarily stops in the signal atmosphere, so in such a case, the person engaged in driving service has a duty of care to check the safety of the course and prevent the accident in advance bypassing it, after checking the right and the right of way before the right of way.

Nevertheless, the Defendant changed the course to a two-lanes without securing sufficient safety distance, and went away without immediately stopping and without taking necessary measures, even though he was able to obtain the 510,871 won of the repair cost, such as replacement of the said taxi with the victim’s personal traffic, after the vehicle driving in the front of the said taxi, who was waiting for signaling on the three-lanes.

2. On August 15, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) caused a traffic accident as described in paragraph (1), such as the statement in paragraph (1), at the salary-ro 304-ro, Seoul Special Metropolitan City on August 15, 2014. On the ground that the victim C (the age of 47) who is the driver of the above taxi (the age of 47) has driven away from the Defendant, the Defendant taken away a knick, which is a dangerous object in possession of the ordinary seat at the lower seat of the above taxi, and then opened a door to the above taxi driver.

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