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(영문) 수원지방법원 성남지원 2016.09.29 2016고단1876
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. On October 6, 2008, the Defendant violated the Road Traffic Act (driving of alcohol) is a person who has a record of receiving a summary order of KRW 1.5 million for a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving of alcohol) in the support of Sungnam-gu Friwon on the ground of a violation of the Road Traffic Act, and on September 16, 2008, a fine of KRW 1,00,000

On June 5, 2016, the Defendant driven a C Car with alcohol content of at least 0.213% under the influence of alcohol, from the 3km road near the Yannam-gu, Sungnam-gu, Sungnam-dong to the roads near the same Gu B, the Defendant driven the C Car with alcohol content of at least 0.213% in blood.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and Violation of the Road Traffic Act (U.S.A.) by the Defendant driving the said car at the time and around the day specified in paragraph 1, and driving the said car at the vicinity specified in paragraph 1 B along the three-lane distance from the inside of the mother market to the long distance flooding area, while driving the road at the vicinity specified in paragraph 1 at a two-lane.

In such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle and to not drive the motor vehicle at a speed or in a manner that may cause danger and harm to others according to the road traffic conditions and the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected this and instead received the part on the right side side side of the E Launa car driven by the victim D, who changed the tea line while under the influence of alcohol 0.213% in blood, into the same side at the same two-lanes of the masta car, which was driven by the victim D.

Ultimately, the Defendant’s above occupational negligence provides approximately three weeks’ treatment to the Victim F (57 years of age) who was boarding the said rocketing car.

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