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(영문) 대구지방법원 서부지원 2016.03.03 2015고단2105
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

【Criminal Force” On August 8, 2013, the Defendant was sentenced to a summary order of KRW 1,500,000 to a fine for a violation of road traffic law in the Seo-gu District Court’s Seo-Support, and on July 23, 2014, the Defendant was sentenced to a fine of KRW 7 million due to a violation of road traffic law in the same court.

[Criminal Facts]

1. On July 9, 2015, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving of alcohol) driving a DNA-low-water vehicle under the influence of alcohol without a driver’s license at the 2km section of approximately 0.092% of alcohol concentration in blood while under the influence of alcohol at around 0.092% from the side of the bus stops located in Daegu-gu Seo-gu, Seo-gu to the front day of the “C Schlage” located in the same Gu.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle while under the influence of alcohol.

2. The Defendant is a person who is engaged in driving a DNA car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle) and the Road Traffic Act (Egress after accidents).

At the time set forth in paragraph 1, the Defendant, while under the influence of alcohol without a driver’s license, driven a motor vehicle of the franchise and proceeded with three lanes in front of the “C Schlage” in Daegu Seo-gu, Seogu, by driving the motor vehicle of the above franchise at a non-speed speed depending on the surface of the apartment site of B, which is the upper part of B.

At the time, there was a vehicle stopping on the front side of the defendant at the time, and in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front door and the left and the right while maintaining a safety distance for those engaged in driving, and reducing the safety distance in advance.

Nevertheless, the Defendant neglected this and failed to properly stop in the front of the week prior to drinking, and neglected to stop in the front of the same lane as the Defendant at the time of the victim E (43 ) driving, which was parked in the same lane as the Defendant, above the part behind the passenger car of the victim E (43 ).

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