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(영문) 서울중앙지방법원 2013.04.05 2012고단5626
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

[Criminal Justice] On August 13, 2010, the Defendant was sentenced to ten months of imprisonment for a crime of fraud in the Daejeon District Court’s subdivision support, and was dismissed at the Daejeon District Court on October 7, 2010. On November 30, 2010, the Defendant dismissed the appeal by the Supreme Court, which became final and conclusive on November 30, 201, and completed the execution of the sentence in the Chungcheong Detention House on March 11, 201.

【Criminal Facts】

The defendant is a person who has been engaged in the operation of a B-End-Wurt Motor Vehicle.

1. On June 1, 2012, the Defendant driven the said car while under the influence of alcohol around 05:40,000, while driving the said car, and driving the Cheongwon-dong in Seo-gu, Seo-gu and the 3rd line road in front of the oil station in Seo-gu, Seo-gu, Gwangju, into the Yangdong market.

In this case, the driver has a duty of care to safely operate the steering system by properly operating the steering system and steering the steering system.

Nevertheless, the Defendant neglected this and negligently changed the lane in the same direction as that of the Defendant, and caused the victim C (the age of 38) driving in the same direction as that of the Defendant’s running in the same direction as that of the Defendant’s running, the Defendant shocked the back of the driver’s seat of the Erops owned by the victim D to the front part of the Defendant’s car.

Ultimately, the Defendant, in breach of duty of care as seen above, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and at the same time, did not immediately stop the said taxi to rescue the victim, and did not take necessary measures, such as aiding and abetting the victim, even though the Defendant damaged the said taxi in a manner that would amount to KRW 2,016,000.

2. On June 1, 2012, the Defendant continued to drive the said car while under the influence of alcohol of 0.157% of blood alcohol level on June 1, 2012, and continued to drive the said car at the 0.157%, and was proceeding one-lane map in front of the Chonam-dong in Gwangju Seo-gu, Seo-gu.

In such a case, the driver is set aside.

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