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(영문) 서울동부지방법원 2015.02.25 2014고단3487

교통사고처리특례법위반등

Text

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

Reasons

Punishment of the crime

[criminal power] On January 16, 2008, the defendant was sentenced to a summary order of 2 million won for a fine for a violation of the Road Traffic Act at the Jung-gu District Court on October 24, 2008, a fine of 2 million won for a violation of the Road Traffic Act (free license) at the Seoul Southern District Court on October 24, 2008, and 2.5 million won for the same crime at the Jung-gu District Court on January 14, 2009. On October 19, 2009, the defendant was sentenced to a summary order of 2 million won for a suspended sentence of 4 months for the same crime. On February 7, 2014, the same court was sentenced to a summary order of 2 million won for a fine of 2 million won for a violation of the Road Traffic Act (free license) at the Seoul Southern District Court on July 5, 2014.

【Criminal Facts】

1. On September 26, 2014, the Defendant driven a G-string vehicle under the influence of alcohol level of 0.094% without obtaining a driver’s license from the front point of “Stotori” in the new-ro 8-ro, Songpa-gu, Seoul to the front intersection of the same Gu, from around 500 meters to the front of the same Gu, around September 22:40, 2014.

Accordingly, the defendant, who has driven a motor vehicle more than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the business of driving G Ors car.

On September 26, 2014, the Defendant driven the above car on September 22:53, 2014, and led to an intersection in front of Songpa-gu Seoul to turn to the left from the side of the NC department store.

In such cases, the driver has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident by accurately manipulating the steering gear and the system.

Nevertheless, the defendant neglected the above duty of care without obtaining a driver's license.