beta
(영문) 서울남부지방법원 2017.08.31 2017고단3275

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On March 26, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on April 9, 2013, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the deputy branch branch of the Incheon District Court on April 9, 2013, and on September 26, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court’s Branch Branch Branch of the Incheon District Court on September 26, 2013. The Defendant was sentenced to a suspended sentence of KRW 8 months for a crime of violating the Road Traffic Act (drinking driving without a license). On July 20, 2016, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts] The Defendant is a person who is engaged in driving a motor vehicle of Chives of Chives.

1. On April 1, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car without obtaining a driver’s license in the state of alcohol concentration of 0.070% from blood, and led the said car to the intersection below the erode in the erode of 938-1, Yangcheon-gu, Seoul, Yangcheon-gu, at the lower level of the erode of the said car, from the erode of the new month to the erode telephone station at the erode of the new month.

In such a case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol or without a license, and since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents by safely driving the motor vehicle by reducing speed according to the new code and properly examining the right and the right of the motor vehicle.

Nevertheless, the defendant is negligent in driving the above intersection in violation of the signal while driving the vehicle without the driver's license, and thereby driving the defendant's front part of the victim D (48 3)'s E-freight driving, which was driven under the direct line of the new IC room from the home flusing side to the new IC seat, in spite of the fact that the ongoing signal was driven without the driver's license.