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(영문) 대전지방법원 서산지원 2016.08.18 2016고단330

교통사고처리특례법위반등

Text

1. The sentence against the accused shall be seven thousand won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On April 19, 2007, the Defendant was sentenced to a fine of two million won for a violation of road traffic laws (drinking driving) at the Seosan Branch of the Daejeon District Court on April 19, 2007, and a fine of one hundred and five million won for a violation of road traffic laws (drinking driving) at the same court on July 12, 2007, respectively. On August 20, 2015, the Defendant was sentenced to a suspension of the execution for six months for a violation of road traffic laws (drinking driving) at the Seocheon Branch Branch of the Daejeon District Court on August 20, 2015, and the said judgment became final and conclusive on August 28, 2015.

1. On March 21, 2016, the Defendant: (a) driven an E-observer car under the influence of alcohol leveling 0.157% of alcohol level without obtaining a driver’s license from the Jin-si Multi-Road parking lot located 71-4, Jin-si, Jin-si, Seoul, to the front road of a C-D cafeteria; (b) on March 21, 2016, the Defendant driven an E-observer car under the influence of alcohol leveling 0.157% without obtaining a driver’s license.

As a result, the Defendant violated the provision prohibiting driving of a motor vehicle without a driver’s license at least twice, and drives a motor vehicle under the influence of alcohol in violation of the above provision.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a observer car.

On March 21, 2016, the Defendant driven the said car under the influence of alcohol content of 0.157% during blood transfusion 0.18:25 on March 21, 2016, and continued to drive the said car at a speed of about 35 km in speed from the fluence side to the fluence of the D cafeteria located in the city of Jin-si to the speed of about 35 km.

Since the passage of people is frequent on the side side around the road, in such a case, the driver of the vehicle has the duty of care to reduce the speed and to prevent the accident in advance by safely driving the vehicle while keeping the right and the right well.

Nevertheless, the defendant neglected to do so and passed alcohol as it is by negligence while driving alcohol as it is, the victim F (F, 68 years of age) who walked on the right side of the bend.