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(영문) 광주지방법원 2013.08.08 2013고단2650
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 13, 2013, the Defendant: (a) driven a Cone Star-Ficking Vehicle under the influence of alcohol concentration of 0.088% without obtaining a driver’s license from around the roads near the Dong-dong, Gwangju to the first apartment parking lot in the 12k section from the dong-gu, Gwangju to the first apartment parking lot in the Seo-dong, Gwangju-gu, Gwangju-gu, and without obtaining a driver’s license; (b) on June 13, 2013.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving of Cone Star Cors.

On June 13, 2013, the Defendant, as described in Paragraph 1, driven the said malk under the influence of alcohol content of 0.088% without obtaining a driver’s license, and driven the said malk by driving the said malk under the influence of alcohol content of 0.08%, and driven the road of the first malk in the direction from the intersection of the high school to the luminous distance of 5-distance.

Since the Defendant, as a road with a large ordinary traffic volume, attempted to drive a vehicle ahead of the front direction while escaping without complying with the inspection by a police officer under the influence of alcohol driving control, the Defendant, who is engaged in driving duty, has a duty of care to take care of operating the vehicle at a safe speed and in a safe manner by sending signal by a horn, etc. depending on road conditions, and sending the signal with a horn, etc.

Nevertheless, the Defendant, as seen above, was driven by the victim D due to the negligence of driving a motor vehicle under the influence of alcohol without a driver's license, and passed the motor vehicle over through the right side of the road, and received the parts of the front door, even and fences of the damaged vehicle as part of the left side of the motor vehicle driven by the Defendant.

Ultimately, the Defendant’s negligence in performing the above occupational duties, thereby causing injury to the said victim D (the age of 46), such as salt, tensions, etc. of the chills that require approximately two weeks of medical treatment.

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