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(영문) 의정부지방법원 2015.07.03 2014고단4876

교통사고처리특례법위반등

Text

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act is a person who is engaged in driving a vehicle of CAburged from

On November 22, 2014, the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of 0.246% without obtaining a driver’s license at around 01:25 on November 22, 2014, and continued to drive the said car into the direction of Maman-ri distance from the port side of the Yando-Eup at Namyang-do-si.

At night, there was a duty of care to prevent accidents in advance by safely driving the steering gear, brakes, and other devices, such as reducing speed for those engaged in driving at night, keeping the front door well, and accurately operating the steering gear, brakes, and others.

Nevertheless, the Defendant, while under the influence of alcohol, was driven by the victim D (year 44) who was in the front bank of the Defendant while being negligent in doing so and was in the front bank of the Defendant.

As a result, the Defendant suffered injury to the victim by occupational negligence during approximately two weeks of light base and tension in need of treatment, and at the same time damaged the said taxi to the extent that the repair cost is equivalent to KRW 1,218,314, under the pretext of exchange of frier, etc.

2. On June 20, 2007, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving without a license), on November 1, 2013, the above court issued a summary order of KRW 3.5 million as a fine for the same crime, and on January 3, 2014, the above court issued a summary order of KRW 8 million as a fine for the same crime, respectively.

Nevertheless, the Defendant driven a motor vehicle with the blood alcohol concentration of 0.246% under the influence of alcohol without obtaining a driver’s license from the Do in a section of about 200 meters from the Do to the place specified in paragraph (1), where it is difficult to identify the trade name in the Manyang-si, Namyang-si, the date specified in paragraph (1).

In this respect.